Terms of Use

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1**TERMS OF USE**
1**Your use of the Dailymotion Service implies your acceptance of these Terms of Use including the [Prohibited Content Policy](https://legal.dailymotion.com/en/terms-of-use/) and the [Data Protection Annex](https://legal.dailymotion.com/en/terms-of-use/) below (with the Standard Contractual Clauses incorporated therein). We ask You to read them carefully.**
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3**Your use of the Dailymotion Service implies your acceptance of these Terms of Use including the Data Protection Annex below (and the Standard Contractual Clauses incorporated therein). We ask that You read them carefully.**
3### **SECTION 1: DESCRIPTION OF THE DAILYMOTION SERVICE**
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5**If You have any questions, please do not hesitate to [contact us](https://faq.dailymotion.com/hc/en-us/requests/new).**
51.1. Dailymotion ("**Dailymotion**", "**we**", "**us**" or "**our**") operates an original, free video hosting service that enables users to upload, store, record, edit and share videos, and access and view those shared videos in association with advertising. The "**Dailymotion Service**" is made up of the Dailymotion website, the Dailymotion video player that is embeddable onto any website or app (the "**Video Player**"), the Dailymotion apps and web-apps as accessible (online or offline) via any current or future device capable of distributing the Dailymotion website and/or the Video Player and more generally, any Dailymotion products, content, channels, software, data feeds, services and functionalities.
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7**SECTION 1: DESCRIPTION OF THE DAILYMOTION SERVICE**
71.2. By accessing and/or using the Dailymotion Service, without being logged into a Dailymotion Account**, You are considered as a "Viewer" and You will only have the ability to access, view or share videos available on the Dailymotion Service, but You cannot benefit from all the other features available on the Dailymotion Service.**
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91.1. Dailymotion ("**Dailymotion**", "**we**", "**us**" or "**our**") is an original, free video hosting website that enables users to access, view, upload, store and share videos. The Dailymotion Service is made up of the Dailymotion website, the Dailymotion video player that is embeddable onto any website (the "**Video Player**"), the Dailymotion apps and web-apps as accessible (online or offline) via any current or future device capable of distributing the Dailymotion website and/or the Video Player and more generally, any Dailymotion products, content, channels, software, data feeds, services and functionality ("**Dailymotion Service**").
91.3. If You want to be able to upload videos and access some other features of the Dailymotion Service, You first need to create a Dailymotion Account and have Your email address validated (see Section 1.4.) at which point You will be a "**User**." A "**Dailymotion Account**" means the video content storage space on the Dailymotion Service which is dedicated to a User (as defined below) on the Dailymotion Service that can be created by signing up for a Dailymotion Account via [www.dailymotion.com](http://www.dailymotion.com/).
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111.2. By accessing and/or using the Dailymotion Service, without being logged into a Dailymotion Account**, You ("You" or "Your" as applicable) will be hereinafter a "Viewer." As a Viewer, You will only have the ability to access, view or share videos available on the Dailymotion Service, but will not be able to benefit from all the other features available on the Dailymotion Service.** A "**Dailymotion Account**" means the video content storage space on the Dailymotion Service which is dedicated to a User (as defined below) on the Dailymotion Service that can be created by signing up for a Dailymotion Account via [www.dailymotion.com](http://www.dailymotion.com/).
111.4. Information provided by You to create Your Dailymotion Account must be accurate and complete. In order for Dailymotion to verify that the email address You provided is valid, You will receive an email from Dailymotion asking You to validate Your email address. Pending validation of Your email address, access to some of the Dailymotion Service's features may be restricted. The creation of Your Dailymotion Account may be blocked if the email address You provide originates from a temporary, disposable, or anonymous email service (service that does not require user registration). This measure is intended to protect the Dailymotion community, in particular against the upload of Prohibited Content.
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131.3. If You want to be able to upload videos and access some other features of the Dailymotion Service, You will need to first create a Dailymotion Account and have Your email address validated (see Section 1.4.) at which point You will be a "**User**." Note however that after having created Your Dailymotion Account and until You have validated Your email address according to the process defined below, You will be an "**Account Applicant**" and will not be able to upload videos or access the other features of the Dailymotion Service.
131.5. By creating a Dailymotion Account, You agree that You alone is responsible (to Dailymotion and to others) for the activities that occur under Your Dailymotion Account. Your user ID and password are at Your sole responsibility and it is Your obligation to keep them confidential. You should immediately notify Dailymotion of any unauthorized use of Your User ID, password or any other breach of Your Dailymotion Account security.
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151.4. Information provided by You to create Your Dailymotion Account must be accurate and complete. In order for Dailymotion to verify that the email address You provided is valid, You will receive an email from Dailymotion asking You to validate Your email address.
151.6. If and when You have accepted the terms of the Dailymotion Partner Program, You are considered a "**Partner**" and have the opportunity to monetize Your Content uploaded on Your Dailymotion Account.
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171.5. By creating a Dailymotion Account, You agree that You alone will be responsible (to Dailymotion and to others) for all activity that occurs under Your Dailymotion Account. The user ID and password which are necessary to access Your Dailymotion Account and the features associated with it are Your sole responsibility and it is Your obligation to keep them confidential. You agree to immediately notify Dailymotion of any unauthorized use of Your User ID, password or any other breach of Your Dailymotion Account security.
171.7. Both Users and Partners can record and/or edit video files via the Dailymotion Service, upload those video files on the Dailymotion Service, post comments and reacts, provide further information with each video, such as a title, a description, and pick a video category. Any and all elements saved or posted through Your Dailymotion Account on the Dailymotion Service are deemed to be "**Your Content**".
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191.6. As a User, You will also have the ability to access some additional features from the Dailymotion Service, and if and when You have accepted the terms of the Dailymotion Partner Program, You will then be a "**Partner**" and will have the opportunity to monetize Your Content uploaded on Your Dailymotion Account.
191.8. Users and Partners are expected to be an active part of the Dailymotion community. As such, You acknowledge that if Your Dailymotion Account remains inactive for a significant period of time, Dailymotion reserves the right to delete, reclaim or remove Your Dailymotion Account for this reason, with or without prior notice to You.
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211.7. If You are a User or a Partner, You may notably upload video files (that must be compliant with the Terms) on the Dailymotion Service. Any and all elements posted through Your Dailymotion Account on the Dailymotion Service are deemed to be "**Your Content**".
211.9. Any individual or entity accessing the Dailymotion Service may be referred hereafter as a "**Visitor,**" regardless of their status (Viewer, User or Partner). Any Visitor shall respect these Terms.
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231.8. As a User or a Partner, You are expected to be an active part of the Dailymotion community. As such, You also acknowledge that if Your Dailymotion Account remains inactive for a significant period of time, Dailymotion reserves the right to delete, reclaim or remove Your Dailymotion Account in its sole discretion with or without prior notice to You.
231.10. The Dailymotion Service offers access to videos in association with advertising. Presence of advertisement is an essential feature of our Service. To that end:
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251.9. Any and all individuals or entities accessing the Dailymotion Service may be referred hereafter as a "**Visitor,**" regardless of their status (i.e. be they a Viewer, Account Applicant, User or Partner).
25a) the use of technical or other means aiming at preventing the presence of ads (so-called "ad-blockers") and/or artificially increasing the number of views generated by an ad (so-called non-organic traffic generated by "robots or "botnets") is explicitly prohibited. Any detection of such means may lead to blocking Your access to our Service. The detection of these prohibited technologies constitutes a security measure of the Dailymotion Service and may be carried out using automated detection tools and may require access to Your device.
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27b) Dailymotion may use technical or other tools to maintain compliance of Content with the Prohibited Content Policy, detect fraud, including advertising fraud, and ensure brand safety.
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2730**SECTION 2: ACCEPTANCE OF THESE TERMS**
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292.1. Whether You are a Viewer, an Account Applicant, a User or a Partner, either an individual or an entity, You signify Your express and unconditional agreement to (1) these terms of use, and (2) all other [**policies of Dailymotion**](https://www.dailymotion.com/legal/privacy), including but not limited to the Dailymotion privacy and cookie policies, as accessible at any time from the homepage of the Dailymotion website, and incorporated herein by reference (all collectively, the "**Terms**"). **You may not use the Dailymotion Service if You do not accept or cannot comply with any of the Terms.** By using the Dailymotion Service, You acknowledge that You have read and understood the Terms and agree that Dailymotion will treat Your use of the Dailymotion Service as acceptance of the Terms.
322.1. Regardless of Your status, You signify Your express and unconditional agreement to (1) these terms of use including the Prohibited Content Policy and the Data Protection Appendixes below, and (2) all other **policies of Dailymotion**, including but not limited to the Dailymotion privacy and cookie policies, as accessible at any time from the homepage of the Dailymotion website, and incorporated herein by reference (all collectively, the "**Terms**"). **You may not use the Dailymotion Service if You do not accept or cannot comply with any of the Terms.** By using the Dailymotion Service, You acknowledge that You have read and understood the Terms and agree that Dailymotion will treat Your use of the Dailymotion Service as acceptance of the Terms.
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312.2.1. If You reside in a country that is a part of the European Economic Area, the United Kingdom or Switzerland, the Terms form a legally binding agreement between You and Dailymotion SA in relation to Your use of the Dailymotion Service. Any reference to "Dailymotion" in the Terms will then always refer to "Dailymotion SA," whose details are provided [here](https://www.dailymotion.com/legal/infos).
342.2.1. If You reside in a country that is a part of the European Economic Area, the United Kingdom or Switzerland, Your acceptance of the Terms forms a legally binding agreement between You and Dailymotion SA in relation to Your use of the Dailymotion Service. Any reference to "Dailymotion" in the Terms will then always refer to "Dailymotion SA," whose details are provided [here](https://www.dailymotion.com/legal/infos).
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332.2.2. If You reside in a country that is not a part of the European Economic Area, the United Kingdom or is not Switzerland, the Terms form a legally binding agreement between You and Dailymotion Inc. in relation to Your use of the Dailymotion Service. Any reference to "Dailymotion" in the Terms will then always refer to "Dailymotion Inc.," whose details are provided [here](https://www.dailymotion.com/legal/infos).
362.2.2. If You reside in a country that is not a part of the European Economic Area, the United Kingdom or is not Switzerland, Your acceptance the Terms form a legally binding agreement between You and Dailymotion Inc. in relation to Your use of the Dailymotion Service. Any reference to "Dailymotion" in the Terms will then always refer to "Dailymotion Inc.," whose details are provided [here](https://www.dailymotion.com/legal/infos). Dailymotion Inc. is one of Dailymotion's Affiliates. In a general manner, "Affiliate" means any current or future company that controls, is controlled by, or is under common control with Dailymotion SA.
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35382.3. Dailymotion may, in its sole discretion, modify the Terms from time to time, and You agree to be bound by such modifications. Although we may notify You when major changes are made to the Terms, You should periodically review the most up-to-date version which is always accessible from the homepage of the Dailymotion website. If You do not agree to the modified Terms or cannot comply with the modified Terms, Your only recourse is to stop using the Dailymotion Service. Your continued use of the Dailymotion Service after the effective date of the modified Terms will constitute Your acceptance of the modified Terms.
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372.4. You shall not use the Dailymotion Service if (a) You are not of legal age to form a binding contract with Dailymotion, or (b) You are a person who is either barred or otherwise legally prohibited from receiving or using the Dailymotion Service under the laws of the country in which You are a resident or from which You access or use the Dailymotion Service.
402.4. If you are an individual (by opposition to a legal entity), You represent to Dailymotion that You are either: (i) at least 18 years old, or (ii) at least 13 years old AND either: (a) an emancipated minor, or (b) the law of your country allows you to enter into the terms, conditions, obligations, affirmations, representations, and warranties in the Terms, or (c) You have obtained your parent or guardian consent. In any case, the Dailymotion Service is not intended for children under 13 so You shall not use it if You are not 13 yet. You shall neither use the Dailymotion Service if (a) You are not of legal age to form a binding contract with Dailymotion, or (b) You are legally prohibited from receiving or using the Dailymotion Service under the laws of the country in which You are a resident or from which You access or use the Dailymotion Service.
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39422.5. If You are not an individual (i.e., a corporation or other legal entity), You represent to Dailymotion that You have all necessary corporate or equivalent authority and power to agree to the Terms which You agree shall be binding on the corporation, partnership, association or other entity in whose name You are using or accessing the Dailymotion Service.
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442.6. Access to the Dailymotion Service is limited to individuals, corporations or other legal entities. Access by means of automated processes (e.g. robots, botnets, scrapers, etc.) endangers the proper functioning of our Service, limits legitimate end-users' access to its features, causes financial prejudice and constitutes a security threat to various categories of our end-users. Access by means of automated processes is expressly prohibited without a prior written approval of Dailymotion. Dailymotion may use technical means to detect and block any unauthorized access to the Dailymotion Service. You explicitly recognize and agree that when You access the Dailymotion Service or any part thereof, the use of such technologies, including when they consist in accessing Your device to read or write information (ex. to determine whether an attempt to access the Dailymotion Service is triggered by a human or by a robot), is necessary for the detection and prevention of attempts of such unauthorized access and for the provision of the Dailymotion Service to You.
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4147**SECTION 3: YOUR INTELLECTUAL PROPERTY RIGHTS**
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433.1. For the entire period during which Your Content is hosted on the Dailymotion Service, You grant to Dailymotion the non-exclusive worldwide rights (unless You geoblock certain territories through Your Dailymotion Account), transferable to Dailymotion's Affiliates, to reproduce, represent, stream, replay (including offline display without permanent download), exploit, exhibit, show, market, distribute and to technically modify and compress Your Content as is strictly necessary for the purposes of the viewing and/or streaming of Your Content on the Dailymotion Service.
49#### 3.1. License granted to Dailymotion
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45"**Affiliate**" means the other companies within the Vivendi group and the fully-owned subsidiaries of Dailymotion SA (now or in the future).
51By providing Content on or through the Dailymotion Service, You grant Dailymotion and its Affiliates a non-exclusive, royalty-free, transferable worldwide license (with the right to sub-license to our trusted [Commercial Partners](https://legal.dailymotion.com/en/privacy-policy/)) (unless otherwise explicitly agreed between You and Dailymotion) to use, reproduce, store, represent, stream, replay (including offline display without permanent download), copy, adapt, save, exploit, exhibit, show, publicly perform or display, create derivative works, translate, market, distribute modify, structure, annotate, and compress Your Content as is necessary for the purposes of carrying out research activities and for the provision, promotion and improvement of all or part of the Dailymotion Service.
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473.2. By making Your Content accessible on the Dailymotion Service, You agree to allow any Visitors of the Dailymotion Service to view and to share Your Content through the Dailymotion Video Player on or through any declination of the Dailymotion Service, as accessible (online or offline) via any current or future device capable of distributing the Dailymotion Service by any means of access, including but not restricted to computers, smartphones, tablets, TV devices, IPTV platforms and/or game consoles free-of-charge. Furthermore, You acknowledge that Your Content and/or any videos uploaded onto the Dailymotion Service by third-parties (the "**Third-Party Video(s)**") available for embedding through the Dailymotion Video Player when on the Dailymotion website (www.dailymotion.com) and/or when embedded elsewhere may include advertising.
53#### 3.2. License granted to other users
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493.3. Despite this allowance, Your Content shall always remain Your property. Please note that due to the nature of the Internet and digital media, data transmitted - including Your Content - cannot be protected against risks of misappropriation and/or piracy, for which Dailymotion shall not be liable. You are responsible for taking all appropriate steps to protect Your data, where applicable.
55Since Dailymotion is a collaborative platform where You share your Content with the public, the latter may be displayed, repurposed, or even reused by other Users of the Service to create their own videos on the Dailymotion Service.
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57By making Your Content accessible on the Dailymotion Service, You agree to allow any Visitors of the Dailymotion Service to view and to share Your Content through the Dailymotion Video Player on or through any declination of the Dailymotion Service, as accessible (online or offline) via any current or future device capable of distributing the Dailymotion Service by any means of access, including but not restricted to computers, smartphones, tablets, TV devices, IPTV platforms and/or game consoles free-of-charge. Furthermore, You acknowledge that Your Content and/or any videos uploaded onto the Dailymotion Service by third-parties (the "**Third-Party Video(s)**") available for embedding through the Dailymotion Video Player when on the Dailymotion website (www.dailymotion.com) and/or when embedded elsewhere may include advertising.
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59You also grant Users of the Dailymotion Service a worldwide, non-exclusive, free, royalty-free license (under the conditions set forth in section 3.3 below) to access Your Content, reproduce, modify, adapt, and create derivative works based on Your Content for entertainment purposes, subject to the settings you select for all or part of your Content. Any Content resulting from such reuse or modification by another user constitutes an entirely new Content, which is itself subject to these Terms of Use.
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61#### 3.3. Your Content
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63Despite this allowance, Your Content shall always remain Your property. Please note that due to the nature of the Internet and digital media, data transmitted - including Your Content - cannot be protected against risks of misappropriation and/or piracy, for which Dailymotion shall not be liable. You are responsible for taking all appropriate steps to protect Your data, where applicable.
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65However, You acknowledge and agree that the deletion of Your Content, whether carried out by yourself or by Dailymotion, will not necessarily result in the deletion of the Third-Party Videos that may have been created from your Content within the scope of section 3.2 herein. In such a case, the license provided for in section 3.2 will continue to apply to those Third-Party Videos that have copied, reused, or modified your Content, until their own deletion by the relevant users or by Dailymotion.
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67#### 3.4. Access to your Content
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69By using Dailymotion's video editing features available through your Dailymotion Account, You acknowledge and agree that Content you upload or submit through these features may be accessed, stored, processed, and modified by Dailymotion, its Affiliates, and authorized third-party service providers as necessary to provide and maintain the functionality of these features.
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5172**SECTION 4: LICENSE & OUR INTELLECTUAL PROPERTY RIGHTS**
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53744.1. We grant You a personal, non-exclusive, non-transferable and revocable right to access and use the Dailymotion Service, which is conditioned on Your compliance with the Terms.
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55764.2. The material (other than Your Content and the Third-Party Video(s)) included on or accessible through the Dailymotion Service, such as text, graphics, logos, names, designations, button icons, features, functionalities, images, audio clips, information, data collected from the Dailymotion Service, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (the "**Dailymotion Material**"), is the exclusive property of Dailymotion and its licensors, and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and subject to applicable laws and regulations.
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57784.3. Dailymotion Material may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purpose whatsoever without the prior written consent of Dailymotion or Dailymotion's licensors. You agree to not use or exploit the Dailymotion Material in any manner inconsistent with any of the rights granted or restrictions set forth herein, including, without limitation, prohibitions on downloading, redistribution, alteration, deletion and deactivation of any content protection mechanisms. You are not allowed to modify, enhance, edit, translate, adapt, reverse engineer, decompile, disassemble or create derivative works based upon or otherwise alter in part or in full any Dailymotion Material.
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59804.4. All rights not expressly granted in the Terms are reserved to Dailymotion and its licensors.
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6183**SECTION 5: OUR LIABILITY AS A HOSTING SERVICE PROVIDER**
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63855.1. In its capacity as a web hosting service provider, Dailymotion is under no legal obligation to monitor content uploaded on the Dailymotion Service, nor obligated to actively seek facts or circumstances indicating illegal content but shall forthwith remove or disable access from its Dailymotion Service to any infringing content once having been notified of its existence. Furthermore, Dailymotion does not, and has no legal obligation to, review or inspect content for possible illegality or infringement prior to its being viewable on the Dailymotion website.
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655.2. You acknowledge and agree that the owners of the Third-Party Video(s) and Dailymotion in accordance with Section 5.1., may from time to time remove Dailymotion users' content (including Your Content) from the Dailymotion Service without notice. You shall nonetheless remain fully liable for Your Content.
875.2. You acknowledge and agree that the owners of the Third-Party Video(s) and Dailymotion in accordance with Section 5.1., may from time to time remove Dailymotion users' content (including Your Content) from the Dailymotion Service. You shall nonetheless remain fully liable for Your Content.
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67895.3. You agree that Your use of the Dailymotion Service shall be at Your sole risk and liability. In this regard, You are solely responsible for (i) Your use of the Dailymotion Service and more specifically for Your Content (including any personal data that may be incorporated therein) and (ii) the protection of Your computer hardware against any virus or interruption.
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69915.4. You acknowledge and agree that the Dailymotion Service, in whole or in part (including, without limitation, the look and feel, the thematic channels, and the functionality of the Dailymotion Service), on and through which Your Content will be distributed, as well as any Third-Party Video(s) are provided "AS IS" and "as available" without warranties of any kind from Dailymotion or any owners of the Third-Party Video(s). Neither Dailymotion nor any owners of the Third-Party Video(s) warrant that the Third-Party Video(s) and the Dailymotion Service, the Dailymotion Material or any other software, content, information, materials or products included on or otherwise made available to You through the Dailymotion Service are free of viruses or other harmful components. Dailymotion may enhance, modify and update the Dailymotion Service at its sole discretion. For the sake of clarity, You shall not be entitled to request any modification to the Dailymotion Service.
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715.5. Dailymotion, its affiliated companies, officers, directors, employees, agents, vendors and suppliers as well as the owners of the Third-Party Video(s) (the "**DM Parties**") disclaim all warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement to the fullest extent permissible under applicable law. The DM Parties also disclaim all warranties, take no responsibility and assume no liability for the content present on the Dailymotion Service, including but not limited to any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography or profanity You may encounter on the Dailymotion Service. The DM Parties make no warranty or representation that the Dailymotion Service or its functionalities or technology, in whole or in part, will be uninterrupted, error-free or secure, including with respect to the delivery of Your Content and/or any limitations on Your or any other Visitor ability to access, view or use Your Content or any other content, or that any information obtained from the Dailymotion Service will be accurate or reliable.
935.5. Dailymotion, its Affiliates, officers, directors, employees, agents, vendors and suppliers as well as the owners of the Third-Party Video(s) (the "**DM Parties**") disclaim all warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement to the fullest extent permissible under applicable law. The DM Parties also disclaim all warranties, take no responsibility and assume no liability for the content present on the Dailymotion Service, including but not limited to any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography or profanity You may encounter on the Dailymotion Service. The DM Parties make no warranty or representation that the Dailymotion Service or its functionalities or technology, in whole or in part, will be uninterrupted, error-free or secure, including with respect to the delivery of Your Content and/or any limitations on Your or any other Visitor ability to access, view or use Your Content or any other content, or that any information obtained from the Dailymotion Service will be accurate or reliable.
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73955.6. Dailymotion shall not be held responsible in any case for (i) any malfunctions, inherent of the nature of the Internet, in the access and/or the use of the Dailymotion Service, (ii) or any default of its obligations caused by force majeure or an unintentional cause. Unless otherwise stated herein, Dailymotion does not grant You any guarantee of any kind, whether expressly or implicitly, in any area, including and in particular any guarantee of fitness for a particular purpose. Furthermore, Dailymotion is not responsible for any data related to Third-Party Video(s) provided by their relevant owners, such as the video title, description, category, etc.
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75975.7. Nothing herein shall exclude or limit Dailymotion's liability for losses which may not be lawfully excluded or limited by applicable law. Subject to this overall provision above, Dailymotion shall not be liable for:
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7799- (a) any indirect or consequential losses which may be incurred by You, including (i) any loss of profit (whether incurred directly or indirectly); (ii) any loss of goodwill or business reputation; (iii) any loss of opportunity; or (iv) any loss of data suffered; or
78100- (b) any loss or damage which may be incurred as a result of: (i) any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the Dailymotion Service; (ii) any changes which Dailymotion may make to the Dailymotion Service, or for any permanent or temporary cessation in the provision of the Dailymotion Service (or any of its features); (iii) the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of the Dailymotion Service; (iv) Your failure to provide Dailymotion with accurate account information; or (v) Your failure to keep Your password or Your accounts details secure and confidential.
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801025.8. The limitations on Dailymotion's liability defined in this Section shall apply whether or not Dailymotion has been advised of or should have been aware of the possibility of any such losses arising.
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82104Some jurisdictions limit or do not allow the disclaimer of warranties or damages, so the above disclaimer may not apply to the extent such jurisdiction's law applies to the Terms.
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84107**SECTION 6: RESTRICTIONS RELATED TO YOUR USE OF THE DAILYMOTION SERVICE AND ITS RELATED TECHNOLOGIES**
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861096.1. Considering the user-driven nature of the Dailymotion Service, You are responsible for Your use of the Dailymotion Service, Your Dailymotion Account and/or the Content You upload to Dailymotion. In this regard, You warrant as an essential condition that Your use of the Dailymotion Service, Your Dailymotion Account and/or Your Content, and any images, data and/or text which You may disseminate through the Dailymotion Service:
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88- (i) do not violate any applicable laws or regulations and/or display, incite, promote illegal activities.
111- (i) do not violate any applicable laws or regulations, including trade restrictions, and/or do not display, incite, promote illegal activities.
89112- (ii) do not contain child pornography, sexual abuse or any type of sexually explicit content.
90113- (iii) do not infringe intellectual property rights of any third-party (including but not limited to sound, music, excerpts from any animated or non-animated television shows, short, medium-length and/or feature-length films, brand, logo, advertisement or any other material that You have not created Yourself or for which You do not have the necessary clearances and permissions from third-party rights owners or copyright royalty collection organizations).
91114- (iv) do not violate:
92115 - Human rights (including incitement to hatred on the basis of the origin, religion, sexual orientation, gender, gender identity or disability of an individual or group of individuals, denying the commission of any crimes against humanity or acts that violate human dignity).
93116 - Individual rights (in particular by spreading defamatory, slanderous or offensive material in the form of threats, intimidation, bullying, harassment).
94117 - Publicity and privacy rights (in particular impersonation of an individual or a legal person).
98121 - the commission of violent extremist or terrorist acts.
99122 - violence and all other dangerous activities.
100123- (vi) do not contain verifiably false or misleading information which:
101124 - is created, presented and disseminated for economic gain or to intentionally deceive the public; and/or
102125 - may cause public harm, or is intended as threatening to democratic political and policymaking processes as well as to the public good such as to public health, to the environment or to the security of persons.
103126- (vii) are not spam or any other deceptive practices designed to abuse or mislead a Visitor (this includes excessively lengthy content, or content that forces unwanted and/or unsolicited actions, whether automated or manual, which falsely increase the number of views, impression or clicks associated with Your Content).
127- (viii) do not abuse the reporting or complaint features, in particular with a view to making unfounded or fictitious claims or accusations.
128- (ix) do not consist of scraping, collecting, searching, extracting, downloading, copying or otherwise accessing Content , metadata, Dailymotion Material or any content available on the Dailymotion Platform (together, "Platform Content") in unauthorized ways, such as by using automated means (without our express prior permission), or accessing or attempting to access data you do not have permission to access. More specifically, unless you have obtained express prior written authorization from Dailymotion and/or the applicable content uploader, You may not access, extract, scrape, or use any Platform Content to train, develop, or improve artificial intelligence systems, large language models, machine learning algorithms, or automated decision-making systems.
129- (x) do not contain financial account numbers, social security numbers, government IDs, payment card data, protected health information, or other regulated sensitive data subject to regulatory requirements, such as GDPR, HIPAA, PCI-DSS. **The Dailymotion Service is not designed or intended for use with regulated or highly sensitive data types.**
130- (xi) are, where applicable, properly labeled in accordance with the transparency obligations imposed by applicable laws and regulations, in particular with respect to content generated or substantially modified by artificial intelligence, content featuring a paid commercial partnership, and content directed at minors. Dailymotion makes available to You features enabling You to label Your Content as falling within such categories; it is Your responsibility to use them accurately and completely. Failing to do so, Dailymotion reserves the right, at its sole discretion, to enforce the application of one or more appropriate labels on the relevant Content and/or any of the moderation and sanction decisions defined in our Prohibited Content Policy.
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1056.2. By uploading or disseminating images, data, and/or text to or through Dailymotion Service, You expressly warrant that You are not uploading any material violating the restrictions defined in Section 6.1. and that You have all necessary rights and/or authorizations and/or consents from the copyright owner(s) and/or any other relevant rightsholders and have paid any royalties or other fees pursuant to any licenses or permissions needed to upload and distribute Your Content on the Dailymotion Service.
1326.2. By uploading or disseminating images, data, and/or text to or through Dailymotion Service, You expressly warrant that You are not uploading any material violating the restrictions defined in Section 6.1. and that You have obtained all necessary rights and/or authorizations and/or consents from the copyright owner(s) and/or any other relevant rightsholders and have paid any royalties or other fees pursuant to any licenses or permissions needed to upload and distribute Your Content on the Dailymotion Service in accordance with the Terms.
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1076.3. Failure to comply with the Terms may result in (i) Your Content being removed and/or (ii) Your Dailymotion Account being deactivated and/or (iii) Your use of the embeddable Dailymotion Video Player being blocked and/or (iv) any elements or data related to Your Content or to Your Dailymotion Account being modified or removed (i.e. allegedly infringing username, metadata considered inappropriate, etc.) from the Dailymotion Service. In addition, Dailymotion reserves the right to report any violation of these provisions to applicable legal authorities and You may be personally liable to criminal sanctions applicable to the content in question, in addition to any applicable civil damages depending on the contentious nature of the content.
1346.3. Failure to comply with the Terms may result in (i) Your Content being removed and/or (ii) Your Dailymotion Account being deactivated and/or (iii) Your use of the embeddable Dailymotion Video Player being blocked and/or (iv) any elements or data related to Your Content or to Your Dailymotion Account being modified or removed (i.e. allegedly infringing username, metadata considered inappropriate, labels that may be associated with Content that were not added by the User, etc.) from the Dailymotion Service. Please note that we apply and enforce our service restrictions objectively, fairly, and proportionally, taking into account the rights and interests of everyone involved.
108135
1096.4. Because the Dailymotion Service is not designed as a video back-up service, You are responsible for taking all necessary precautions to safeguard Your video files.
136In addition, Dailymotion reserves the right to report any violation of these provisions to applicable legal authorities and You may be personally liable to criminal sanctions applicable to the content in question, in addition to any applicable civil damages depending on the contentious nature of the content.
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1386.4. Because the Dailymotion Service is not designed as a video back-up service, You are responsible for taking all necessary precautions to safeguard Your video files. Additionally, pursuant to then-current inactive content and accounts rules, we reserve the right to delete Your inactive Content and/or Your Dailymotion Account from our Service.
139
1111406.5. Moreover, You shall not (i) falsely increase the number of views, impressions or clicks associated with Your Content or Third-Party Video(s) either directly or indirectly, or automatically (such as using robots, botnets or scrapers) or manually, (ii) authorize or encourage any third-party including offering any financial incentive to do the same, (iii) misuse any reporting, flagging, complaint, dispute, or appeals process, including by making false, groundless, vexatious, or frivolous submissions.
112141
1136.6. You also warrant that any website or applications on which You export Your Content and/or Third-Party Video(s) through the embeddable Dailymotion Video Player does not include any element that: (i) breaches any intellectual property rights of any third-parties or (ii) constitutes an injury to any person (including defamation, slander, abuse, etc.) or to any third-party's privacy rights or (iii) encourages violence or hatred against any individual or group, or cruelty to animals (iv) or contains sexually explicit or highly suggestive content or (v) encourages drug use or any illegal activity (vi) constitutes a threat to public order or standards of decency and good morals (vii) include any element above-mentioned in Section 6.1., or (viii) violates any applicable laws. Moreover, You warrant that Your use of the embeddable Dailymotion Video Player shall not be made for: (i) any activity which may imply any kind of product, trademark or artist endorsement without authorization from the applicable rights owner or (ii) resale of any kind of the Dailymotion Service or (iii) any unauthorized third-party contests or (iv) synchronization of the underlying musical composition that might be embodied in the content displayed through the embeddable Dailymotion Video Player or any other use with any visual media output. You also shall not modify, build upon or block any portion or functionality of the Dailymotion Video Player including but not limited to links back to the Dailymotion website. By embedding Your Content and/or other user's content through the embeddable Dailymotion Video Player on any website or applications, You warrant that You have all the necessary rights and/or authorizations from the owner(s) of such website or applications and have paid any royalties or other fees pursuant to any licenses or permissions needed to such distribution.
1426.6. You also warrant that any website or applications on which You export Your Content and/or Third-Party Video(s) through the embeddable Dailymotion Video Player does not include any element that: (i) breaches any intellectual property rights of any third-parties or (ii) constitutes an injury to any person (including defamation, slander, abuse, etc.) or to any third-party's privacy rights or (iii) encourages violence or hatred against any individual or group, or cruelty to animals (iv) or contains sexually explicit or highly suggestive content or (v) encourages drug use or any illegal activity (vi) constitutes a threat to public order or standards of decency and good morals (vii) include any element above-mentioned in Section 6.1., or (viii) violates any applicable laws.
114143
1156.7. You agree not to alter or modify any part of the Third-Party Video(s) and/or of the Dailymotion Service (including but not limited to the Dailymotion Video Player and its related technologies). You agree not to (or attempt to) circumvent, disable, reverse engineer or otherwise interfere with any security related features of the Third-Party Video(s), Dailymotion Service or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on use of the Dailymotion Service or the content accessible via the Dailymotion Service. You agree not to collect or harvest any personal data of any Visitor of the Dailymotion Service and to not use the Dailymotion Service for the solicitation of business in the course of trade or in connection with a commercial enterprise.
144Moreover, You warrant that Your use of the embeddable Dailymotion Video Player shall not be made for: (i) any activity which may imply any kind of product, trademark or artist endorsement without authorization from the applicable rights owner or (ii) resale of any kind of all or part of the Dailymotion Service or (iii) any unauthorized third-party contests or (iv) synchronization of the underlying musical composition that might be embodied in the content displayed through the embeddable Dailymotion Video Player or any other use with any visual media output. You also shall not modify, build upon or block any portion or functionality of the Dailymotion Video Player including but not limited to links back to the Dailymotion website. By embedding Your Content and/or other user's content through the embeddable Dailymotion Video Player on any website or applications, You warrant that You have all the necessary rights and/or authorizations from the owner(s) of such website or applications and have paid any royalties or other fees pursuant to any licenses or permissions needed to such distribution.
116145
1466.7. You agree not to alter or modify any part of the Third-Party Video(s) (except to the strict extent permitted by the reuse features expressly offered by the Dailymotion Service, subject to the settings defined by the author of said Third-Party Video), and/or of the Dailymotion Service (including but not limited to the Dailymotion Video Player and its related technologies). You agree not to (or attempt to) circumvent, disable, reverse engineer or otherwise interfere with any security related features of the Third-Party Video(s), Dailymotion Service or features that (i) prevent or restrict use or copying of content or (ii) enforce limitations on use of the Dailymotion Service or the content accessible via the Dailymotion Service. You agree not to collect or harvest any personal data of any Visitor of the Dailymotion Service and to not use the Dailymotion Service for the solicitation of business in the course of trade or in connection with a commercial enterprise.
147
1171486.8. You agree not to use the Dailymotion Service and any of its related technologies (including without restriction the Dailymotion Video Player, the website, the app and the webapp) for any commercial use unless You obtain Dailymotion's prior written approval, in particular any of the following uses: (i) the sale of access to the Dailymotion Service, (ii) the sale of advertising, sponsorships or promotions placed on or within the Dailymotion Service or content or Dailymotion Video Player.
118149
1196.9. You understand and acknowledge that the use of the Dailymotion Service within an unauthorized framework such as the broadcast or the public display of any Dailymotion users' content in public places or shops is prohibited without the express written consent of Dailymotion. You agree not to access content hosted on the Dailymotion Service for any reason other than Your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Dailymotion Service, and solely for Streaming purposes. "**Streaming**" means a digital transmission of an audiovisual work from the Dailymotion Service to a Visitor operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be permanently downloaded, copied, stored, or redistributed by the Visitor. Accessing a Third-Party Video(s) for any purpose or in any manner other than Streaming and personal use is expressly prohibited. If You wish to use another user's content for any other purpose, in particular for commercial use, You are solely responsible for obtaining the necessary advance authorization. In all circumstances, You understand and acknowledge that Your use of Third-Party Video(s) will be limited by copyright law. You agree that You will not attempt to modify any Third-Party Video(s) for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the content. You agree to and shall indemnify and hold DM Parties harmless from and against any liability, loss, damages (including punitive damages), claim, settlement payment, cost and expense, interest, award, judgment, diminution in value, fine, fee (including reasonable attorneys' fees), and penalty, or other charge (including reasonable attorneys' fees and all other cost of investigating, defending or asserting any claim for indemnification under the Terms) arising from or relating to (i) Your Content, (ii) Your violation of the Terms; (iii) Your use of the Dailymotion Service; and (iv) Your violation of any third-party rights, including without limitation any copyright, property, publicity or privacy rights.
1506.9. You understand and acknowledge that the use of the Dailymotion Service within an unauthorized framework such as the broadcast or the public display of any Dailymotion users' content in public places or shops is prohibited without the express written consent of Dailymotion. You agree not to access content hosted on the Dailymotion Service for any reason other than Your personal, non-commercial use solely as intended through and permitted by the normal functionality of the Dailymotion Service, and solely for Streaming purposes. "**Streaming**" means a digital transmission of an audiovisual work from the Dailymotion Service to a Visitor operated Internet enabled device in such a manner that the data is intended for real-time viewing and not intended to be permanently downloaded, copied, stored, or redistributed by the Visitor.
120151
152The Dailymotion Service offers features enabling the creative reuse of Third-Party Videos (notably for the purposes of commentary, criticism, parody, addition, or debate). These features automatically maintain the attribution of the source video.
153
154The use of these features, when available, constitutes an authorized use of the Service. For any other use of a Third-Party Video, particularly for commercial purposes or outside the Service, You are solely responsible for obtaining the prior authorization of the rights holder.
155
156You are strictly prohibited from modifying or manipulating Third-Party Videos for the purpose of concealing, disguising, deleting, or modifying any information regarding attribution, intellectual property, or the source of the content.
157
158Under all circumstances, You understand and acknowledge that Your use of Third-Party Video(s) will be limited by copyright law. You agree that You will not attempt to modify any Third-Party Video(s) for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the content. You agree to and shall indemnify and hold DM Parties harmless from and against any liability, loss, damages (including punitive damages), claim, settlement payment, cost and expense, interest, award, judgment, diminution in value, fine, fee (including reasonable attorneys' fees), and penalty, or other charge (including reasonable attorneys' fees and all other cost of investigating, defending or asserting any claim for indemnification under the Terms) arising from or relating to (i) Your Content, (ii) Your violation of the Terms; (iii) Your use of the Dailymotion Service; and (iv) Your violation of any third-party rights, including without limitation any copyright, property, publicity or privacy rights.
159
1211606.10 You agree not to access, view, upload, store, share or export any Third-Party Video(s) deemed illegal and/or contravening the conditions set out in Section 6.1. and especially not to make any use of content that would infringe the copyrights therein.
122161
1231626.11. You acknowledge and agree that the owners of the Third-Party Video(s) and/or any of our Partners are third-party beneficiaries of the Terms and as such they may have the right to enforce the Terms against You as a third-party beneficiary of the Terms.
124163
164###
125165**SECTION 7: REPORTING PROHIBITED CONTENT**
126166
1271677.1. Dailymotion has implemented an easily accessible mechanism next to each video uploaded on the Dailymotion Service allowing anyone to report the availability of infringing or illegal material and/or activity on the Dailymotion Service set out in Section 6.1.
128168
1297.2. Such processes to report prohibited content are described in detail at the following URL: [**http://www.dailymotion.com/legal/prohibited**](https://www.dailymotion.com/legal/prohibited) and within our Help Center at the following URL: **https://faq.dailymotion.com/hc/en-us/sections/200384117-Community-guidelines**.
1697.2. Such processes to report prohibited content are described in detail at the following URL: **[https://legal.dailymotion.com/en/terms-of-use/#b-the-reporting-tool-for-prohibited-content](https://legal.dailymotion.com/en/terms-of-use/)** and within our Help Center's Community Guidelines in the [Prohibited Content Section](https://faq.dailymotion.com/hc/en-us/sections/200384117-Community-guidelines).
130170
171###
131172**SECTION 8: DATA, ADVERTISEMENTS AND PRIVACY**
132173
1331748.1. The records of Dailymotion are stored on our systems in accordance with standard safety practices and applicable laws. The Dailymotion records shall be considered proof of emails exchanged, registration forms sent, videos uploaded, and other activity within the Dailymotion Service, being agreed that, in the event of a discrepancy between our records and any paper or electronic documents in Your possession, our records shall be authoritative and controlling.
134175
1351768.2. The Dailymotion Service may contain links to websites operated by other entities (a "**Linked Site**"). If You decide to visit any Linked Site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or other destructive elements. Dailymotion has no responsibility to You with respect to any Linked Site, and no Linked Site, regardless of the linking form (_ex.,_ hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by Dailymotion.
136177
1371788.3. In accordance with Internet practice and custom, You acknowledge and agree that advertisements may be incorporated into the Dailymotion Service and then associated to Your Dailymotion Account and/or Your Content.
138179
1398.4. During Your use of our Service, the data that You provide us or that we collect or otherwise receive about You are stored by Dailymotion on servers belonging to Dailymotion SA and located in France. Copies of some of this data, including copies of Your Content, are also, for technical reasons related to the proper functioning and security of our systems, stored on servers belonging to Dailymotion SA located in the United States and in Singapore.
1808.4. During Your use of our Service, the data that You provide to us or that we collect or otherwise receive about You are stored by Dailymotion on servers belonging to Dailymotion SA and to our service providers (ex. cloud storage service providers) located both in the European Economic Area ("EEA") and outside the EEA.
140181
141Dailymotion also uses cloud storage providers to store certain information concerning Your activity on our Service (excluding Your Content which we only store on servers that belong to us).
182In particular, Your **video Content is stored in the European Economic Area** ("EEA"). If You decide to make Your video Content available outside of the EEA, for technical reasons inherent to video delivery technology, a temporary cache copies of extracts of Your video Content may also be stored outside of EEA.
142183
143Dailymotion has implemented, or has insured that its service providers have implemented, industry-standard systems and procedures to ensure the security and confidentiality of data, to protect against anticipated threats or hazards to the security or integrity of Your personal data and Your Content and to protect against unauthorized access to or use thereof. The technical constraints related to the international presence of the Dailymotion Service do not allow us to store data in a single country. **If You do not want Your data or data concerning You to be stored outside of Your country of residence, then do not use the Dailymotion Service. By using the Dailymotion Service, You consent to this transfer, Processing and storage of data, including personal data**. For clarity, when the provision or use of the Dailymotion Service involves transfer of personal data outside of data subject country of residence, each Party will (where applicable) comply with the legal obligations relating to such transfers, storage and Processing. In particular, when third-parties' personal data is incorporated in Your Content, You shall ensure that You have all necessary and legally required consents (including, when applicable, data subjects' consent) prior to use of the Dailymotion Service.
184Your Comments are stored outside the EEA, namely in the USA.
144185
1458.5. As a User, You have the ability to upload Content (which includes the title and description of the video) incorporating personal data. We remind You that You remain responsible for the Processing of the personal data incorporated therein and that Dailymotion acts only as a Data Processor of this data, as these terms are defined by applicable laws on the protection of personal data. In this respect, as data controller, You commit to respecting the Applicable Data Protection Laws, and especially to lawfully collect and process this data and to answer data subjects requests. In particular, You warrant that You have obtained and will maintain all required consents from third-parties whose personal data is incorporated in Your Content as necessary to allow us to provide the Dailymotion Service. You may refer to the provisions set out in Appendix A of the Terms in order to learn more about Your status as a data controller under the General Data Protection Regulation (GDPR) for the personal data of data subjects residing in the European Economic Area that may be incorporated into the Content that You upload on our Service.
186As any other business, Dailymotion uses third parties' services to carry out its operations. Some of these services require processing of Your data outside of the EEA. For example, we use non-EEA cloud storage to store information pertaining to the delivery of advertising shown to You. For more details on how Your personal data is processed outside the EEA please refer to our [Privacy Policy](https://legal.dailymotion.com/en/privacy-policy/)'s dedicated section.
146187
188The technical constraints related to the international presence of the Dailymotion Service do not allow us to store data in a single country. Dailymotion has implemented, or has ensured that its service providers have implemented, industry-standard systems and procedures aiming at ensuring the security and confidentiality of Your data, protection against anticipated threats or hazards thereto and unauthorized access to or use thereof. Nevertheless, **if You do not want Your data or data concerning You to be stored outside of Your country of residence, then do not use the Dailymotion Service. By using the Dailymotion Service, You consent to this transfer, Processing and storage of data, including personal data**.
189
190For clarity, when the provision or use of the Dailymotion Service involves transfer of personal data outside of data subject country of residence, each party to the Terms will (where applicable) comply with the legal obligations relating to such transfers, storage and Processing. In particular, when Your Content contains Third Parties' personal data, You shall ensure and warrant Dailymotion thereto, that You have all necessary authorizations and consents (including, when applicable, data subjects' consent) prior to the use of the Dailymotion Service and the resulting transfer.
191
1928.5. As a User, You have the ability to upload Content (which includes the title and description of the video) incorporating personal data. We remind You that You remain responsible for the Processing of the personal data incorporated therein and that Dailymotion acts only as a Data Processor of this data, as these terms are defined by applicable laws on the protection of personal data. In this respect, as a Data Controller, You commit to respecting the Applicable Data Protection Laws, and especially to lawfully collect and process this data and to answer data subjects requests. In particular, You warrant that You have obtained and will maintain all required consents from third-parties whose personal data is incorporated in Your Content as necessary to allow us to provide the Dailymotion Service. You may refer to the provisions set out in Appendix A of the Terms in order to learn more about Your status as a data controller under the General Data Protection Regulation (GDPR) for the personal data of data subjects residing in the European Economic Area that may be incorporated into the Content that You upload on our Service.
193
1471948.6. Dailymotion takes Your privacy and the protection of Your personal data collected and processed in connection with Your use of the Dailymotion Service very seriously. If You want to find out more about the personal data collected, how we collect it and the related processes, You can check our [Privacy Policy](https://www.dailymotion.com/legal/privacy) any time available from the Dailymotion homepage.
148195
1968.7. Please note that the Dailymotion Service relies on automated content recommendation tools. You may find more information about these tools on our dedicated page: [Dailymotion Recommendation Tools Transparency](https://legal.dailymotion.com/en/recommendation-tools-transparency/) where we explain how our recommendation systems work, highlighting transparency, diversity, and user control. Recommendations are based on user interactions, content metadata, and engagement trends, while promoting a wide variety of creators and topics. Users can personalize or reset their feed at any time.
197
198###
149199**SECTION 9: MISCELLANEOUS**
150200
1512019.1. You acknowledge and agree that the Terms will continue to be enforceable for as long as You use the Dailymotion Service or any of its features, whether or not You are a Viewer, an Account Applicant, a User or a Partner. For the sake of clarity, watching videos from the Dailymotion Service, exporting the Dailymotion Video Player, and/or maintaining a Dailymotion Account are all deemed uses of the Dailymotion Service.
152202
1532039.2. Any obligations which expressly or by their nature continue after termination, cancellation, or expiration of the Terms shall survive and remain in effect after such happening.
154204
1559.3. You agree that if one or more provision of the Terms is considered to be not enforceable as a result of the application of a Law, regulation, or the decision of a competent body having jurisdiction, it will be treated as not forming part of the Terms and all other provisions stated herein will remain in force.
2059.3. You agree that if one or more provisions of the Terms is considered to be invalid as such or as a result of the application of a Law, regulation, or the decision of a competent body having jurisdiction, it will be treated as not forming part of the Terms and all other provisions stated herein will remain in force.
156206
1572079.4. You also acknowledge that if Dailymotion does not take immediate action in the case You fail to comply with the Terms, this shall not mean that Dailymotion is giving up on any rights that we may have, including but not limited to the right to take action in the future.
158208
1592099.5. If You reside in a country that is a part of the European Economic Area, the United Kingdom or in Switzerland, You agree that any dispute between You and Dailymotion arising out of or relating in any way to the Terms or Your use of the Dailymotion Service shall be interpreted in accordance with the laws of France, without reference to its conflicts of laws, and notwithstanding multiple defendants or third-party claims. You also agree that any claim or dispute between You and Dailymotion shall be decided by a court of competent jurisdiction located in Paris.
160210
161211If You reside in a country that is not part of the European Economic Area, the United Kingdom or is not Switzerland, You agree that any dispute between You and Dailymotion arising out of or relating in any way to the Terms or Your use of the Dailymotion Service shall be interpreted in accordance with the New York laws, without reference to its conflicts of laws, and notwithstanding multiple defendants or third-party claims. You also agree that any claim or dispute between You and Dailymotion shall be decided by a court of competent jurisdiction located in the New York county.
1632139.6. Subject to any Dailymotion Partner Program Agreement as mentioned in Section 1.6., the Terms constitute the entire agreement between Dailymotion and You with respect to the Dailymotion Service and shall supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and Dailymotion with respect to the Dailymotion Service.
164214
1652159.7. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and record originally generated and maintained in printed form.
166216
1672179.8. You agree that Dailymotion may provide You with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Dailymotion Service.
168218
1699.9. If one or more provision of the Terms is considered to be invalid as such or as a result of the application of a law, regulation, or the decision of a competent body having jurisdiction, it will be treated as not forming part of the Terms and all other conditions of the Terms will remain in force.
2199.9. No waiver by either Party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
170220
1719.10. No waiver by either Party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
221## **APPENDIX A - Prohibited Content Policy**
172222
1739.11. You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms, and to abide by and comply with the Terms. In any case, You affirm that You are over the age of 13, as the Dailymotion Service is not intended for children under 13. If You are under 13 years of age, then please do not use the Dailymotion Service
223Dailymotion endeavors to ensure a safe and respectful viewing environment for its Visitors. In order to protect its community, Dailymotion prohibits the content defined in Section I below ("**Prohibited Content(s)**") and has developed a feature to limit the visibility of so-called sensitive content presented in Section IV.
174224
175**Last Updated: June 1, 2021**
225As a hosting service provider, Dailymotion cannot guarantee that no inappropriate or illegal content will disturb your experience. Indeed, Dailymotion is neither legally required nor able to monitor and control each and every piece of content uploaded onto the Service. Therefore, we **encourage our Visitors to notify us of any Prohibited Content** on the Dailymotion Service using the **methods described in Section II**.
176226
177**APPENDIX A - Data Protection Annex**
227Furthermore, Users are formally prohibited from putting online any content that falls into one of the categories of Prohibited Content as defined in Section I, and a violation of this may result in the consequences set out in Section III.
178228
229### I) PROHIBITED CONTENT CATEGORIES
230
231Dailymotion encourages the diversity of sources of information on the Internet to allow Visitors to freely form an opinion in complete safety.
232
233In order for the Dailymotion Service to remain a safe space for exchange and sharing where the fundamental liberties of each person are respected, we have implemented rules aimed at prohibiting the sharing of certain content, as defined hereafter, and in general, any content which could be considered as a violation of any applicable law or regulation. Note that the below list of Prohibited Content is not exhaustive, and the definitions may be adapted based on differing contexts.
234
235These rules apply to all forms of content broadcasted on the Dailymotion Service, including videos available on the platform and/or streamed live, video descriptions or titles, thumbnails, keywords, documents, playlists, channels, and usernames, whether real or generated using artificial intelligence or synthetic content.
236
237Please note that disclaimers inserted within content broadcasted on the Dailymotion Service, including videos available on the platform and/or livestreams, comments, video descriptions or titles have no legal force whatsoever. Under no circumstances may they allow a User to avoid complying with the rules set forth in this Prohibited Content Policy, nor to escape the consequences set forth in section III below.
238
239####
240A. Pornographic or sexually explicit content
241
242Dailymotion strictly prohibits any pornographic content. Any content representing or legitimizing non-consensual sexual acts is also prohibited.
243
244We define pornography as any particularly obscene content which is displayed to the public, with no aesthetic research purposes and with provocative crudity, scenes of sexual life, especially scenes of sexual intercourse.
245
246In particular, it is forbidden for our Users to post online any content (real, animated, illustrated and/or AI generated or AI-altered):
247
248- Representing pornographic scenes;
249- Representing sexual acts in an explicit manner;
250- Representing any form of nudity in a sexual context;
251- Involving non-consensual sexual acts or unwanted sexualization, or invasion of body privacy;
252- Which appeals to sexual fetishes;
253- Depicting sexual gestures such as masturbation or erotic touching;
254- Depicting incestuous scenes or advocating incest;
255- Involving staged sexual acts;
256- Involving sexual acts with animals (zoophilia);
257- Representing and/or involving pimping;
258- Published as a form revenge porn and/or sextortion of a minor or adult;
259- Showing genitals, breasts, buttocks, whether clothed or unclothed, in an evocative manner, meaning images or representations of nudity that, while not explicitly pornographic, can provoke or encourage interpretations with sexual connotations through poses, angles, or staging that may create an erotic atmosphere ;
260- Using or displaying sex toys in an explicit context;
261- Threatening or encouraging sexual assault or sexual exploitation; or
262- Promoting non-consensual sexual acts.
263
264The above list is not exhaustive and applies to all types of content, including AI-generated/altered pornographic or sexually explicit content.
265Some content representing or evoking one of the situations listed above can be exceptionally maintained on the Dailymotion Service notably because of its manifestly educational, documentary, scientific or artistic context. However, Dailymotion reserves the right to reduce the visibility of such content.
266
267Any User who violates the rules set out above and/or encourages their violation shall be subject to the consequences set out in Section III.
268
269Should any illegal activity(ies) be detected, Dailymotion will report it to the relevant authorities in accordance with the applicable regulations.
270
271For more information on this type of content, you can read the dedicated article on the [Dailymotion help center](https://faq.dailymotion.com/hc/en-us/articles/360015770319-What-are-the-prohibited-content-on-Dailymotion).
272
273#### B. Content depicting a child in danger or being abused
274
275Any sexually explicit content featuring children or representing any form of exploitation of a child or persons whose physical appearance is that of a minor is strictly prohibited on Dailymotion. Any content involving abusing or endangering a child in any way is also prohibited.
276
277In particular, it is forbidden for our Users to post online any content (real, animated, illustrated and/or AI generated/altered):
278
279- Sexually representing children;
280- Representing and/or promoting incest or pedophilia;
281- Depicting children as victims of sexual abuse;
282- Providing instructions or inviting participation in any sexual assault of children;
283- Aiming to sexually exploit or solicit children, including by threatening to expose intimate images or information (grooming, sextortion, etc.);
284- Inciting a minor to perform an act of a sexual nature on himself or on another person;
285- Constituting porn-disclosure involving minors, more commonly known as "revenge porn";
286- Sexualizing children;
287- Depicting children in a sexual context;
288- Involving abuse or harassment of children (verbal, physical and/or psychological abuse);
289- Constituting acts considered as bullying; or
290- Representing a child in a dangerous situation.
291
292The above list is not exhaustive and applies to all types of content.
293Some content representing or evoking one of the situations listed above can be exceptionally maintained on the Dailymotion Service notably because of its manifestly educational, documentary, scientific or artistic context.
294
295Any User who violates the rules set out above and/or encourages their violation shall be subject to the consequences set out in Section III.
296
297Should any illegal activity(ies) be detected, Dailymotion will report it to the relevant authorities in accordance with the applicable regulations.
298
299For more information on this type of content, you can read the dedicated article on the Dailymotion help center.
300
301#### C. Content that may offend Visitor's sensibilities
302
303Dailymotion has elaborated rules and tools aimed at protecting its Visitors and, in particular, young audiences, from videos which may offend their sensibilities ("Sensitive Content(s)").
304
305By Sensitive Content, we mean any video that may offend the sensibilities of young audiences and in particular any video (real, animated, illustrated and/or AI generated/altered):
306
307- Presenting scenes of nudity ;
308- Promoting sexual challenges;
309- Depicting violent scenes of war;
310- With a sexual theme or involving sexual activity;
311- With a suggestive and/or sexual title or description;
312- Including depictions of violence;
313- Presenting a real medical procedure (heart massage, surgery, etc.);
314- Presenting accidents (air crash, traffic accident, etc.);
315- Presenting scenes of animal cruelty;
316
317The above list is not exhaustive and applies to all types of content, including any of the above stated Sensitive Content that is AI generated.
318
319Users are prohibited from uploading any Sensitive Content without first restricting access to it by checking the box dedicated to this purpose ("Restrict access to sensitive content") when uploading. For more information on Restricted Mode, please refer to Section IV of this policy.
320
321Any User who violates the rules set out above and/or encourages their violation shall be subject to the measures and sanctions set out in Section III.
322
323For more information on this type of content, you can read the dedicated article on the Dailymotion help center.
324
325#### D. Hateful Content
326
327Dailymotion prohibits any content which contains hateful behavior and/or which undermines human dignity. Thus, Dailymotion strictly prohibits any content, behavior, or statements which aim to attack, insult, threaten, or incite to hatred, violence or discrimination against a person or a group of persons on the basis of attributes or personal characteristics, real or supposed, such as: race, ethnicity, nationality, religion/faith/beliefs, caste, language, sexual orientation, sex/gender, gender identity, physical appearance, illness, disability, migratory status, and eating disorders, or more generally, fueling hatred by instilling discriminatory ideas and beliefs in people's mind.
328
329Such hateful content may take the form of outrageous expression, terms of contempt, invectives, stereotyping, attempts to offend, stigmatization, dehumanization, declarations of inferiority, expressions of disgust, insults, marginalization, or provocations of hatred, violence, or discrimination against individuals or groups of individuals targeted because of their personal attributes or characteristics.
330
331In particular, it is forbidden for our Users to post any content (real, animated, illustrated and/or AI generated/altered):
332
333- Encouraging violence against persons or groups of persons on the basis of one or more of the attributes listed above;
334- Stigmatizing a person or group of persons by gratuitously criticizing or attacking their actual or perceived religion, faith, beliefs or sexual orientation;
335- Relaying hateful, insulting or humiliating speech or acts targeting, for example, the religious affiliation, gender, skin color, sexual orientation, or disability of one or more groups of people;
336- Dehumanizing and/or demeaning to a person or group of persons, including implying that they are inferior;
337- Abusing or defaming a person or group of persons on the basis of personal attribute(s) or characteristics;
338- Encouraging, supporting or glorifying hateful ideologies (such as antisemitism, racism, white supremacism, anti-LGBTQIA+ activism...) or proclaiming the superiority and/or dominance of one group of people over others;
339- Defending conspiracy theories that a person or group of people is dishonest or malicious;
340- Using stereotypes based on personal attributes or characteristics which incite hatred;
341- Conveying discriminatory, hostile, mocking and/or contemptuous messages, images and/or statements towards overweight, obese or anorexic people;
342- Encouraging, supporting, or promoting conversion therapy or any other practice aimed at changing or repressing a person's actual or perceived sexual orientation or gender identity;
343- Undermining human dignity; or
344- Contributing to the exploitation of people (such as content depicting forced labor, domestic servitude, human trafficking for sexual exploitation, slavery and/or pimping).
345
346The above list is not exhaustive and applies to all types of content.
347Some content representing or evoking one of the situations listed above can be exceptionally maintained on the Dailymotion Service notably because of its manifestly educational, documentary, scientific or artistic context. However, Dailymotion reserves the right to reduce the visibility of such content.
348
349Any User who violates the rules set out above shall be subject to the consequences set out in Section III.
350
351Should any illegal activity(ies) be detected, Dailymotion will report it to the relevant authorities in accordance with the applicable regulations.
352
353For more information on this type of content, you can read the dedicated article on the Dailymotion help center.
354
355#### E. Content glorifying, normalizing or denying a crime
356
357Dailymotion strictly prohibits any content legitimizing, glorifying, normalizing, or denying violent events or international crimes committed against a population, a nation, and ethnic, racial, religious or any other group on the basis of personal attributes or characteristics. Dailymotion also prohibits any content that advocates crimes against persons or property.
358
359In particular, our Users are forbidden to post online any content (real, animated, illustrated and/or AI generated/altered):
360
361- Advocating or denying, minimizing and/or trivializing crimes of genocide committed against the Jewish community during the Second World War;
362- Advocating war crimes, crimes against humanity, crimes of enslavement or exploitation of a person reduced to slavery, or crimes of collaboration with the enemy, even if these crimes have not led to the conviction of their perpetrators;
363- Denying, minimizing, and/or trivializing, including in disguised or doubtful form or by way of insinuation, any other genocide against humanity, the crime of enslavement or exploitation of a person reduced to slavery or war crimes which have given rise to a criminal conviction by a French or international court
364- Advocating intentional attacks on life or personal integrity and/or sexual assault; or
365- Advocating aggravated robbery, extortion, destruction, degradation, and/or voluntary deterioration which may endanger people (vandalism, fire, etc.).
366
367The above list is not exhaustive and applies to all types of content, including AI generated/altered content.
368
369Some content representing or evoking one of the situations listed above can be exceptionally maintained on the Dailymotion Service notably because of its manifestly educational, documentary, scientific or artistic context.
370
371However, Dailymotion reserves the right to reduce the visibility of such content.
372
373Any User who violates the rules set out above and/or encourages their violation shall be subject to the consequences set out in Section III.
374Should any illegal activity(ies) be detected, Dailymotion will report it to the relevant authorities in accordance with the applicable regulations.
375
376For more information on this type of content, you can read the dedicated article on the Dailymotion help center.
377
378#### F. Disinformation / Misinformation
379
380Dailymotion prohibits the dissemination of false, distorted, misleading, and/or malicious speech or information that may disturb public order and/or public opinion.
381
382In particular, it is forbidden for our Users to post online any content (real, animated, illustrated and/or AI generated/altered):
383
384- Carrying a risk of major harm by presenting, illustrating, or evoking an event with deceiving elements which relate to a separate event (videos, photos, etc.);
385- Presenting manifestly false or inaccurate allegations and/or imputations that may interfere with or alter the fairness of elections and/or censuses;
386- Making false claims in order to delegitimize the results of elections;
387- Disseminating false information or rumors that may present a direct risk of injury and/or physical violence to others;
388- Including false information that may be harmful to the health of others;
389- Disseminating conspiracy theories that disturb or may disturb public peace;
390- Falsely depicting or portraying a natural person or a real world event by misrepresentation of identity, voice, conduct, action, statement, or even the event itself, like to deceive the public;
391- Making false documents or false electronic records using AI to mislead the public or an individual;
392- Containing false medical information that contradicts that of local health authorities and/or the World Health Organization (WHO);
393- Containing exaggerated promises, such as claiming that a miracle treatment can cure chronic diseases such as cancer and diabetes;
394- Altered or edited in order to mislead Users (beyond the extracts taken out of context) and which may present a significant risk of major harm; or
395- Created or modified using artificial intelligence for the purposes of manipulation, disinformation, humiliation, defamation.
396
397The above list is not exhaustive and applies to all types of content.
398
399Some content representing or evoking one of the situations listed above can be exceptionally maintained on the Dailymotion Service notably because of its manifestly educational, documentary, scientific or artistic context. However, Dailymotion reserves the right to reduce the visibility of such content.
400
401Any User who violates the rules set out above and/or encourages their violation shall be subject to the consequences set out in Section III.
402
403Should any illegal activity(ies) be detected, Dailymotion will report it to the relevant authorities in accordance with the applicable regulations.
404
405For more information on this type of content, you can read the dedicated article on the Dailymotion help center.
406
407#### G. Terrorist content
408
409Dailymotion prohibits any content that advocates or promotes violent extremist and/or terrorist organizations, individuals, or acts.
410
411In particular, our Users are forbidden to post online any content (real, animated, illustrated and/or AI generated/altered):
412
413- Provoking the commission of terrorist offences or violent extremist acts or glorifying such offences;
414- Encouraging participation in terrorist offences;
415- Praising, glorifying, and/or supporting the acts of violent extremist and/or terrorist individuals or groups
416- Supporting terrorist and/or violent extremist ideologies;
417- Encouraging people to join violent extremist and/or terrorist organizations;
418- Providing instructions on methods or techniques for the commission of terrorist offences;
419- Containing images, sounds or symbols (such as names, logos, flags, slogans, uniforms, gestures, pictures, or other objects) intended to depict violent extremist and/or terrorist organizations or individuals;
420- Emanating from criminal, violent, extremist, or terrorist organizations;
421- Depicting one or more hostages;
422- Depicting the preparation/development/ procurement of explosive material, arms or ammunition; or
423- Posted online with the aim of soliciting, threatening, or intimidating people on behalf of a criminal, violent, extremist, or terrorist organization.
424
425The above list is not exhaustive and applies to all types of content.
426Some content representing or evoking one of the situations listed above can be exceptionally maintained on the Dailymotion Service notably because of its manifestly educational, documentary, scientific or artistic context. However, Dailymotion reserves the right to reduce the visibility of such content.
427
428Any User who violates the rules set out above and/or encourages their violation is subject to the consequences set out in Section III.
429Should any illegal activity(ies) be detected, Dailymotion will report it to the relevant authorities in accordance with the applicable regulations.
430
431For more information on this type of content, you can read the dedicated article on the Dailymotion help center.
432
433#### H. Shocking, Malicious, violent or dangerous content
434
435Dailymotion strictly prohibits any macabre, sadistic, threatening, violent, or harmful content as well as any content intended to shock or inspire disgust. Dailymotion also prohibits any content that is dangerous and/or aims to encourage, normalize, or glorify violence, suffering, death, or any situation that may cause injury.
436
437In particular, it is forbidden for our Users to post online any content (real, animated, illustrated and/or AI generated/altered):
438
439- Likely to endanger others and in particular any content encouraging, promoting, or glorifying:
440 - Hoaxes or dangerous challenges (strangulation challenges, scarfing, etc.);
441 - Suicide, self-harm and/or eating disorders;
442 - And in general, all practices that may harm the physical or mental integrity of the individual
443- Using excessively vulgar or offensive language;
444- Offering the sale, purchase or trade of products and services that are prohibited for sale (firearms, explosives, drugs etc.);
445- Infringing on the regulations applicable to the sale, purchase, canvassing, or trading of products and services that are regulated or prohibited for sale (firearms, explosives, ammunition, drugs, alcohol etc.);
446- Undermining the regulations applicable to games of chance and gambling;
447- Encouraging, supporting or promoting animal torture and/or any form of cruelty to animals;
448- Containing explicit or gruesome images of violence or serious physical harm (torture, fighting, slitting of throats, dismemberment, mutilation, human remains etc.);
449- Praise and/or incitement to join a cult or a sectarian movement;
450- Inciting violence, including any speech or action that encourages or incites the commission of violent acts or the use of force to resolve a conflict or achieve objectives such as calls to action;
451- Promoting, encouraging or providing instructions on criminal activities, violence against persons, animals or property.
452
453The above list is not exhaustive and applies to all types of content.
454Certain content representing or evoking one of the situations listed above can be exceptionally maintained on the Dailymotion Service notably because of its manifestly educational, documentary, scientific or artistic context. However, Dailymotion reserves the right to reduce the visibility of such content.
455
456Any User who violates the rules set out above and/or encourages their violation shall be subject to the consequences set out in Section III.
457Should any illegal activity be detected, Dailymotion will report it to the relevant authorities in accordance with the applicable regulations.
458
459For more information on this type of content, you can read the dedicated article on the [Dailymotion Help Center](https://faq.dailymotion.com/hc/en-us/sections/200384117-Community-guidelines).
460
461#### I. Misleading and/or spam content
462
463Dailymotion prohibits the diffusion of misleading or fraudulent content. Indeed, spam, scams, and/or any other deceptive practices intended to abuse or mislead Users are prohibited on Dailymotion.
464
465In particular, it is forbidden for our Users to post online any content (real, animated, illustrated and/or AI generated/altered):
466
467- Constituting financial or investment-related scams (sale of fake products or services, get-rich-quick scams, fake charities, etc.);
468- Offering to buy or sell personal information (such as the sale of credentials to access paid subscription services);
469- Aiming to defraud Users, in particular by making exaggerated and unrealistic promises (miraculous treatment can cure diseases, miracle diets, promises of quick money, etc.);
470- Automatically generated by computers (bots) that can impact the quality or user experience;
471- That misleadingly, automatically, or deceptively redirects to external content;
472- Posted with the aim of artificially increasing metrics (number of subscribers, "likes", number of views, etc.);
473- Does not match its metadata, thumbnails, title, and/or description;
474- Intended to entice Users to install malicious and/or deceptive applications, programs, or software; or
475- Repeatedly posted on/through different media (videos, channels, accounts, etc.);
476- Without properly labeling it, in particular by means of the labeling features made available by Dailymotion, where such Content should have been disclosed either as, including but not limited to, content "created with artificial intelligence", "paid partnership" content, or content "created for kids", insofar as such failure to disclose is likely to mislead Users as to the nature, origin, production method, or commercial character of the content.
477
478The above list is not exhaustive and applies to all types of content.
479Some content representing or evoking one of the situations listed above can be exceptionally maintained on the Dailymotion Service notably because of its manifestly educational, documentary, scientific or artistic context. However, Dailymotion reserves the possibility to reduce the visibility of such content.
480
481Any User who violates the rules set out above and/or encourages their violation is subject to the consequences set out in Section III.
482For more information on this type of content, you can read the dedicated article on the Dailymotion help center.
483
484#### J. Copyright-Infringing Content
485
486Dailymotion prohibits any copyright-infringing content. The distribution of any content reproducing all or part of a work protected by a copyright without the authorization of the author or the person who holds the rights for this exploitation is indeed forbidden.
487
488In particular, it is forbidden for our Users to post online any content including all or part of:
489
490- Pre-existing music and/or songs (recordings, soundtracks of films, series, etc.);
491- Audiovisual works (film, series, video clips, TV show, advertisement etc.),
492- Dramatic works (play, opera, musical, performance and other live shows);
493- Graphic and plastic works (painting, sculpture, photography, architecture, design, comics, manga, illustration, graffiti, digital creation, etc.);
494- Video games; or
495- Written works (literary works, courses, press articles, poetry collections, etc.);
496
497of which the User is not the author and for the distribution of which no necessary authorization has been obtained.
498
499However, it should be noted that:
500
501- The notion of 'work' is extremely broad. Indeed, originality of a work is the only condition to access copyright protection, without the merit of the work and/or its destination being relevant. Thus, the User must bear in mind that all content is potentially subject to copyright protection and therefore its exploitation must be authorized;
502- The exploitation of a work that has fallen into the public domain may remain subject to certain requirements. However, note that:
503 - It must always respect the moral rights (which remains even after entering the public domain), and
504 - The exploitation of an adaptation and/or interpretation of the work that has fallen into the public domain remains subject to the authorization of the rights holders of the adaptation and/or interpretation concerned when these latter have not fallen into the public domain; and
505- That certain uses of protected works may be possible without the authorization of their authors or of the person who holds the rights to such works when they fall within the scope of the exceptions to copyright and/or related rights provided for by the applicable laws and regulations (and in particular in France by articles L.122-5 L and L.211-3 of the Intellectual Property Code, as detailed in our Help Center at the following link : [Exceptions to copyright](https://faq.dailymotion.com/hc/en-us/articles/360020018900-Exceptions-to-copyright)) which must always be interpreted strictly.
506
507Any User who violates the rules set out above and/or encourages their violation is liable to the consequences set out in Section III. For more information on this type of content, you can read our dedicated article on our Help Center.
508
509#### K. Content infringing other's rights
510
511Dailymotion prohibits the diffusion and/or publication of any content that threatens, offends, and/or insults any person and/or infringes on their rights.
512In particular, our Users are prohibited from posting any content online (real, animated, illustrated and/or AI generated/altered):
513
5141. Participating in any form of harassment, including:
515 • cyber-harassment of a person or "pack harassment" (i.e. publications by several authors of violent remarks made against the same target), and
516 • sexual or sexist language or behavior that violates dignity by being degrading or humiliating or creates an intimidating, hostile or offensive situation. Sexual harassment is the use, even if not repeated, of any form of serious pressure with the real or apparent aim of obtaining an act of a sexual nature, whether this is sought for the benefit of the perpetrator or for a third party;
517
5182. Constituting any form of insult, and in particular:
519 • Using particularly vulgar or offensive language in an insulting manner towards one or more persons, or
520 • Including any term of contempt, insulting expression, and/or violent or coarse insult seeking to belittle and/or undermine honor or sensitivity;
521
5223. Constituting any form of threat, including:
523 • Presenting threats of blackmail and/or hacking into another person's account,
524 • Including any form of threat to a person's physical integrity and/or property, or
525 • Aiming to intimidate or threatening to reveal information relating to privacy, personal data, and, in particular, information that could identify a person (such as postal or e-mail address, telephone number, bank statement, social security number and/or passport number (doxing));
526
5274. Disclosing personal information and, in general, any personal data without the permission of the person concerned and in the absence of another applicable legal basis;
528
5295. Infringing on the privacy and/or image of a given person;
530
5316. Including defamatory statements;
532
5337. Infringing on the rights of the owner of a trademark; or
534
5358. Creating or modifying content using AI that falsely depicts/portrays a natural person or a real-world event by misrepresentation of this person's identity, voice, conduct, action or statement, or the event itself, which is likely to deceive the public or an individual.
536
537The above list is non-exhaustive and applies to all types of content.
538Any User who violates the rules set out above and/or encourages their violation is subject to the consequences set out in Section III.
539
540For more information on this type of content, you can read the dedicated article on the Dailymotion Help Center.
541
542#### **L. Any Other Content Violating Applicable Laws or Regulations**
543
544Prohibited Content shall also include any other content in violation of applicable laws and/or regulations.
545
546### II) DETECTION AND REPORT OF PROHIBITED CONTENT
547
548As a hosting service provider, Dailymotion has no general legal obligation to monitor the Content uploaded on the Dailymotion Service nor any general legal obligation to investigate facts or circumstances revealing illicit activities but must immediately remove or disable access to any illicit Content after being informed of its existence.
549
550Dailymotion has therefore put in place detection and reporting tools allowing Dailymotion to be aware of the presence of Prohibited Content on the Dailymotion Service.
551The presence of Content that may violate the Prohibited Content Policy can be brought to Dailymotion attention by two means:
552
5531. via the **automatic detection devices** set up on the Dailymotion Service (A) or;
5542. via **Users' reporting** through the **reporting tool** present near each video; (B) or through contacting Dailymotion **by e-mail or by letter** (C).
555
556#### A. Automatic detection devices
557
558The automatic detection device implemented by Dailymotion includes:
559
5601. **List of keywords and short phrases**
561
562Dailymotion has put in place a list of keywords and short phrases to prevent the uploading of Content that is clearly contrary to this Prohibited Content Policy. This list is updated every week and takes into account the "**Moderation Decisions**" made during the previous 6 months.
563
564Dailymotion uses AI-based tools (Artificial Intelligence) as part of the automated detection devices. These tools help to improve the efficiency of the detection process (ex. by detecting Dailymotion-defined keywords and short phrases despite spelling mistakes, abbreviations or multitude of languages). They do not determine whether the examined Content infringes or not the Dailymotion Prohibited Content Policy. They only help to detect Content that might be infringing.
565
566Thus, when uploading Content to the Service, if a word or short phrase in the comment, title or description of the video or in another category of Content being uploaded is present in the above-mentioned list, the Content in question will be forwarded to our human moderation team who will analyze it and issue a moderation decision.
567The Restricted Mode may be applied to Video Content (as described in Section IV).
568
5692. **Technologies for the protection of copyrighted content**
570
571Dailymotion works with two providers of digital fingerprint recognition solutions: Audible Magic for audio detection and INA (Institut National de l'Audiovisuel) for video detection. Whenever a piece of video Content uploaded on the Dailymotion Service matches the digital fingerprint databases of our two providers, the video Content will be automatically removed.
572
573Despite their high efficiency and their innovative character, these technologies require the collaboration of the concerned rightsholders, who must communicate their content to one and/or the other of these companies in order to create the associated digital fingerprints. Dailymotion is at the disposal of rightsholders to help them contact these societies, in order to prevent the future upload of content that the rightsholders have protected in this way.
574
575#### B. The reporting tool for Prohibited Content
576
577Dailymotion encourages its Visitors to report any Content that may violate the Prohibited Content Policy. These reports allow the Dailymotion Service to remain a safe space for everyone. This is the **fastest way for Visitors to report any Content** that they believe violates this Prohibited Content Policy. Our team reviews all reported Content 24 hours a day, 7 days a week.
578
579##### 1\. **Video Content Reporting Tool**
580
581To report **video** Content, you need to:
582
5831. Click on the "Report" button available near each video;
5842. Specify whether the report concerns the entire video or only a specific extract (a time stamp is assigned by default but can be modified);
5853. Select the main motive for the report;
5864. Describe in the dedicated free text field any information that will allow Dailymotion to process the report; and
5875. Fill in your first name and surname(s) (as they appear on an official identity document issued by an administration) as well as your e-mail address. This information will allow Dailymotion to inform the Visitor who has reported the Content of the follow-up given to the report.
588
589It should be noted that it is NOT necessary to have a Dailymotion account to report Prohibited video Content.
590
591In the event of a report of copyright infringement or infringement of other rights, the Visitor will be redirected to a dedicated form. He must necessarily include the URL address of the reported video. Otherwise, Dailymotion will not be able to process the report.
592The reporting forms specific to copyright infringement or other rights infringement are also available via this link.
593Any report sent to Dailymotion through the reporting tool will be treated in accordance with the formalities required under French law.
594Any other report based on other legislation must be submitted to Dailymotion by e-mail or by post in accordance with the provisions below.
595
596Please note that you cannot submit a takedown request for copyright infringement concerning **an entire channel**. Dailymotion will not provide a specific response to a notifier regarding any potential copyright takedown request for a channel. However, please refer to Dailymotion's repeat infringer policy set out in Section III below to learn more about the measures and sanctions applicable to channels that violate this policy per Dailymotion's assessment.
597
598##### 2\. **Tool for reporting Content comments**
599
600To report a **comment**, simply :
601
6021. Log in to your Dailymotion account;
6032. Click on the "Report" button available near the Content concerned;
6043. Select the main reason for the report; and
6054. Describe in the free text field any information which allows Dailymotion to process the report.
606
607Any report sent to Dailymotion through the reporting tool will be treated in accordance with the formalities required under French law. Any report based on another legislation can be sent to Dailymotion by e-mail or by post in accordance with the provisions below.
608
609#### C. E-mail or postal reports
610
611The presence of Content that may violate the Prohibited Content Policy may also be reported to Dailymotion **by e-mail or by letter**. In such case, all of the following elements shall be communicated to Dailymotion:
612
613- Depending on the status of the author of the report, the elements necessary to process the request will differ. If the author of the report is:
614 - A physical person: he/she must specify his/her first name, surname(s) and e-mail address;
615 - A legal person: the legal form and name of the legal person must be specified, as well as an e-mail address for the follow-up of the report; or
616 - An administrative authority: the name of the administrative authority concerned must be specified, as well as an e-mail address for the follow-up of this report.
617
618If the report is made in the name of a third party, it is necessary to provide Dailymotion with all supporting documents attesting that the author of the report is duly authorized to represent this third party;
619
620- A description of the Content reported, and its precise location (URL of the video(s) concerned or the page on which the comment(s) is/are available);
621- The main reason of the report (by reference to the Categories of Prohibited Content described in Section I of this Policy); and
622- and, for any report of copyright infringement or infringement of other rights, any documents and/or information allowing to characterize the infringement in question.
623
624No action will be taken on requests that do not include all the elements that would allow Dailymotion to process the report.
625Reports made by e-mail or by letter must be sent to Dailymotion at the address defined below according to the country of residence of the author of the report:
626
627**• Reports from US residents:**
628
629Mailing Address:
630Dailymotion, Inc.
631Prohibited Content Notice,
632150 W 22nd Street, Floor 12, New York, NY 10011
633Phone number: 646-576-6642
634Email address: notifications@dailymotion.com
635
636**• Reports from European Economic Area residents :**
637
638**Mailing Address:**
639Dailymotion SA,
640Service Contenus Abusifs,
64150, rue Camille Desmoulins 92130 Issy-les-Moulineaux France
642**Email address:** notifications@dailymotion.com
643
644**• Reports from Indian residents:**
645
646**Mailing Address:**
647Dailymotion India Grievance Officer,
64850, rue Camille Desmoulins 92130 Issy-les-Moulineaux France
649**Email address:** dailymotion-in\_grievance-officer@dailymotion.com
650
651**• Reports from Turkish residents:**
652
653**Mailing Address:**
654Gökhan Gökçe,
655Buyukdere Cd. No. 193/2 Esentepe - Sisli - Istanbul (Turkey)
656**Email address:** Gokhan.gokce.external@dailymotion.com
657
658Eğer Türkiye'de ikamet ediyorsanız, 5651 sayılı Kanun kapsamında görevlendirilen Temsilciye yazılı olarak ya da eposta yoluyla bildirim gönderebilirsiniz.
659İsim: Gökhan Gökçe
660**Adres:** Buyukdere Cd. No. 193/2 Esentepe - Sisli - Istanbul (Turkey)
661**Eposta adresi:** Gokhan.gokce.external@dailymotion.com
662
663**• Reports from resident living elsewhere in the world or from competent EU Member States Authorities in regards to the DSA application:**
664
665**Mailing Address:**
666Dailymotion SA,
667Service Contenus Abusifs,
66850, rue Camille Desmoulins 92130 Issy-les-Moulineaux France
669**Email address:** notifications@dailymotion.com
670
671Regarding reports of copyright infringement, we remind you that certain uses of protected works may be permitted without the authorization of their authors or of the person who holds their rights when they fall within the scope of the exceptions to copyright and/or related rights provided for by the applicable laws and regulations (and in particular in France by articles L.122-5 L and L.211-3 of the Intellectual Property Code, as detailed in our Help Center at the following link: [Exceptions to copyright](https://faq.dailymotion.com/hc/en-us/articles/360020018900-What-are-the-exceptions-to-copyright-and-related-rights)).
672
673Before reporting any Content for copyright infringement, it is recommended to check whether the use of the protected work in question is permitted under one of these exceptions.
674Please note that reports of copyright infringement or infringement of other rights must be made by the owner of the rights concerned or by its duly authorized representative.
675
676Regarding reports from **competent EU Member States Authorities in regards to the DSA application**, Dailymotion can process the requests in **English**, as a language broadly understood by a large number of EU citizens, as well as in **French**.
677
678### III) CONSEQUENCES OF NON-COMPLIANCE WITH THE PROHIBITED CONTENT POLICY
679
680#### A. Moderation actions applicable to the content
681
682If Dailymotion is aware of the uploading of Prohibited Content on its Service, Dailymotion will apply a moderation action adapted to the nature of the Prohibited Content ("Moderation Action").
683
684The applicable Moderation Actions may impact the:
685
6861. Availability;
6872. Visibility;
6883. Accessibility to; or
6894. Monetization of Content.
690
691##### 1\. Moderation Action affecting the availability of Prohibited Content: removal of Content
692
693Subject to the provisions below, any Prohibited Content will be removed from the Dailymotion Service as soon as Dailymotion is effectively aware of it.
694
695##### 2\. Moderation Action affecting the visibility of Prohibited Content: restriction of the visibility of a video
696
697Dailymotion may decide to restrict the visibility of a video and apply an age restriction to any Content which may offend the sensitivity of young audiences.
698This Moderation Action will have the effect of placing the video concerned in Restricted Mode.
699Such videos cannot (i) be viewed by Visitors having the Restricted Mode activated, (ii) appear in the results of their searches on the Dailymotion platform, nor (iii) be monetized or recommended by Dailymotion.
700
701##### 3\. Moderation Action affecting the accessibility of Content: application of a geo-blocking measure
702
703If the concerned Content violates a specific law/regulation in a given country or territory, Dailymotion can implement geo-blocking measures. These measures allow the Content to be made unavailable in a specific country or territories without altering its accessibility in other countries and/or territories.
704
705##### 4\. Moderation action affecting the monetization of Content: video demonetization
706
707Dailymotion reserves the right to demonetize video Content that is not suitable for advertising purposes.
708
709#### B. Appealing a moderation decision
710
711Dailymotion has established an internal appeal mechanism for the decisions taken by its moderation team following the detection and/or reporting of Prohibited Content ("Moderation Decision(s)"). This internal appeal system allows:
712
7131. the author of a report to contest the Moderation Decision taken following their report; and
7142. the User who has put Content online that has been subject to a Moderation Action mentioned in Section III. A of this Policy to contest the corresponding Moderation Decision.
715
716This internal appeal mechanism is available by contacting our Support teams (see Section II.A.C.) or, in certain cases, via a URL link indicated in the e-mails sent by the moderation team to the author of the report or to the User who posted the Content online.
717This URL link redirects to an appeal form which must be filled in by providing all the mandatory information required to process such appeal.
718This appeal system is open for a period of 6 (six) months from the Moderation Decision.
719Dailymotion is committed to processing these appeals quickly and impartially.
720If the moderation team considers that the Content subject to the appeal is not illicit nor incompatible with this Prohibited Content Policy, the Content concerned will be maintained or made accessible and visible again on the Dailymotion Service.
721On the contrary, if the moderation team considers that the Content that is subject of the appeal is illegal or incompatible with this Prohibited Content Policy, a Moderation Action will be applied to the relevant Content.
722The author of the appeal will be informed of the outcome of the appeal as soon as possible via email sent to the address given on the appeal form.
723If you consider that a Moderation Decision goes against the law or if you consider yourself a victim of Content put online on the Dailymotion Service, legal recourses are at your disposal (such as filing a complaint or requests for summary proceedings).
724
725#### **C.** Repeated Infringement Policy
726
727Dailymotion takes compliance with its [Prohibited Content Policy](https://legal.dailymotion.com/en/terms-of-use/) and its [general Terms of Use](https://legal.dailymotion.com/en/terms-of-use/) very seriously in order to ensure a safe and respectful viewing environment for its Visitors, Users and Partners.
728
729Thus, there are [various procedures, measures and tools](https://legal.dailymotion.com/en/terms-of-use/) that Dailymotion uses to enforce compliance with our [general Terms of Use](https://legal.dailymotion.com/en/terms-of-use/) and which might lead us to moderate content posted onto our Service.
730
731If you repeatedly post Content that violates this Prohibited Content Policy, we may temporarily restrict certain features associated with your Dailymotion Account or permanently disable your Dailymotion Account under this repeated infringement policy. Please note that additional specific terms are available [here](https://legal.dailymotion.com/en/copyright-repeated-infringement-policy/) in regards to copyright repeated infringements.
732
733In a general manner, each Dailymotion Account has a penalty scoring system associated with it (the "**Counter**"). Such Counter is set up at zero by default, but any violation of our [Prohibited Content Policy](https://legal.dailymotion.com/en/terms-of-use/) or of our [general Terms of Use](https://legal.dailymotion.com/en/terms-of-use/) will be accounted against the Dailymotion Account having performed such violation and will make the Counter increase.
734
735The number of penalty points given to a violation depends on the severity of the content that was removed and the context in which it was shared in order to ensure our violations' accounting system is fair and proportionate (e.g.: hateful content will lead to more penalty points added to the Counter than spam for instance). Some violations such as, for example, terrorist content or child abuse content, will lead directly to the disabling of the corresponding Dailymotion Account, as further described in Section E below.
736
737The accounting of a violation to the Dailymotion Prohibited Content Policy or the Dailymotion general Terms of Use will last for a period of 90 (ninety) days, meaning that unless the Counter of a Dailymotion Account led to its deletion (as defined in the Section E below), a violation will no longer count towards the Counter of a Dailymotion Account after a period of 90 days.
738
739We remind you that you may always appeal every moderation decision taken by Dailymotion through the link that was provided to you in the email informing you of the moderation decision taken against your content.
740
741If an item of content you posted is restored due to an appeal, Dailymotion will take that restoration into consideration and the corresponding violation will no longer count towards the Counter of your Dailymotion Account.
742
743We are currently working on features that will enable us to increase the level of transparency around the measures taken for the safety of our platform, such as features allowing each User to follow the history of violations of our policies or of the Counter associated to a Dailymotion Account.
744
745We also inform notifiers that it is not possible to submit takedown requests for **a channel** itself. The assessment of the seriousness or repeated nature of infringements on a given channel is solely at the discretion of Dailymotion, which conducts periodic reviews and imposes appropriate sanctions in the event of a violation of our repeated infringer policy. Therefore, no channel takedown request will receive a specific response addressed to the notifier in this regard. However, if you believe that one or more pieces of Content on a channel violate your copyright, you may submit a takedown request for the specific content in question, provided you comply with the notification requirements set out in our [Prohibited Content Policy](https://legal.dailymotion.com/en/terms-of-use/).
746
747#### **D. Restricting features**
748
749The Counter linked to the violations performed by a given Dailymotion Account might lead to a temporary restriction of the features linked to your account for a certain period of time or even the disabling of such Dailymotion Account at some point, as defined below.
750
751In addition to the Counter linked to a Dailymotion Account, Dailymotion may also take into consideration the weight of the violations to our policies compared to the activity of this account or of the corresponding User in general, and whenever possible the intention of the violation, in order to define the best and most proportionate sanction applicable.
752
753Several different sanctions might be applied for periods of up to several days if the Counter of a Dailymotion Account reaches a certain threshold, including :
754
755- Blocking the ability to upload Videos on such Dailymotion Account;
756- Excluding Content posted on such Dailymotion Account from the [Dailymotion recommendation systems](https://legal.dailymotion.com/en/recommendation-tools-transparency/);
757- restricting the visibility of your Content posted on such Dailymotion Account;
758- For Partners having the opportunity to monetize their Content, excluding the Content posted on such Dailymotion Account from monetization.
759
760Please note that Your Dailymotion Account might reach another restriction level as soon as your Counter changes as defined in Section C above.
761
762These restrictions generally only apply to the Dailymotion Account in connection of which the Counter has been calculated, but they may also be extended to other Dailymotion Accounts owned by the same User on the Dailymotion Service.
763
764In addition, Dailymotion might restrict the ability of a User to comment on Third Party Videos if the Counter associated to the User's account is mainly due to comments in violation of the Dailymotion Prohibited Content Policy.
765
766Apart from the disabling of a Dailymotion Account, all the sanctions applied are temporary, meaning that all the restrictions applied will be lifted automatically at the end of the sanction duration announced in the email informing you of such account restriction decision.
767
768For sake of clarity, a restriction applied to a Dailymotion Account will continue until the notified end date of such sanction even if your Counter falls below the threshold in the meantime.
769
770We remind you that you may always appeal every moderation decision taken by Dailymotion through the link that was provided to you in the email informing you of such account restriction decision.
771
772#### **E. Disabling accounts**
773
774If the Counter of a Dailymotion Account reaches a critical level, then such Dailymotion Account will be permanently disabled.
775
776Please note that some very severe violations of our [Prohibited Content Policy](https://legal.dailymotion.com/en/terms-of-use/) or of our [general Terms of Use](https://legal.dailymotion.com/en/terms-of-use/) will lead to the direct disabling of the corresponding Dailymotion Account even if that's the first time such account commits a violation.
777
778This sanction generally only applies to the Dailymotion Account in connection to which the Counter has been calculated, but it may also be extended to other Dailymotion Accounts owned by the same User on the Dailymotion Service.
779
780If you believe your Dailymotion Account has been deactivated by mistake, we remind you that you may always appeal every moderation decision taken by Dailymotion through the link that was provided to you in the email informing you of such account disabling decision.
781
782#### **F. Abusive reports**
783
784Dailymotion encourages its Visitors to [report any Content that may violate the Dailymotion Prohibited Content Policy](https://legal.dailymotion.com/en/terms-of-use/).
785
786While we truly believe these reports allow the Dailymotion Service to remain a safe space for everyone, it is important to note that in some cases, unfounded reports might be considered abusive.
787
788Indeed, unfounded reports done repeatedly and/or reports reasonably suspected to be willfully made (i) to harm the User having posted the reported Content for instance, or (ii) to abuse Dailymotion's reporting systems (notably by sending duplicatives or spammy reports, e.g. through the use of automated tools) might lead to the de-prioritization of such reports or even to the refusal of Dailymotion to process the further reports you might make for a certain period of time.
789
790We remind you that you may always appeal every moderation decision taken by Dailymotion through the link that was provided to you in the email informing you of such reporting restriction.
791
792However, once all available remedies have been exhausted and a final decision has been communicated, no further appeals will be processed. Similarly, Users who have exhausted all available remedies and continue to submit repeated appeals and/or requests for reconsideration on matters that have already been fully addressed may be considered abusive appealers.
793
794### IV) RESTRICTED MODE
795
796"Restricted Mode" is a feature, activated by default, whose purpose is to limit the visibility of videos that may offend the sensibilities of certain Visitors and, in particular, young audiences.
797Visitors who have not deactivated the "Hide Sensitive Content" feature located at the bottom of the platform's homepage will not be exposed to these videos, i.e. videos labelled as "Sensitive Content" (i) when they are uploaded by Users and/or (ii) in the context of a Moderation Action applied by Dailymotion, as mentioned in Section III.A.2.
798These videos cannot be viewed by Visitors who have the Restricted Mode activated and will not appear in their search results on the Dailymotion platform.
799
800Any video whose access has been restricted will not be monetized or recommended by Dailymotion.
801
802## **APPENDIX B - Data Protection Annex**
803
804###
179805**PREAMBLE**
180806
181When You use the Dailymotion Service to upload videos the Content that You upload may include personal data of **third-parties** whose Processing is governed by the Applicable Data Protection Laws, as defined below (hereafter "**Third-Party Personal Data**"). In such case, You are the **Data Controller** (within the meaning of the Applicable Data Protection Law) for the Processing of this Third-Party Personal Data and Dailymotion is Your **Data Processor**. The present Appendix ("**DPA**") is applicable to this Processing of such Third-Party Personal Data by Dailymotion who is acting as Your Data Processor.
807When You make available Content on the Dailymotion Service, Your Content may include personal data of **third-parties** (e.g. images, voice recordings, names, etc.) (hereafter "**Third-Party Personal Data**"). Since You control the Content You make available on the Dailymotion Service, You alone determine the purposes and means of the Processing of Third-Party Personal Data that may be included therein.
182808
183In visiting and/or using the Dailymotion Service, You accept the DPA as binding on You, and acknowledge that it applies to the Processing of Third-Party Personal Data by Dailymotion as Your Data Processor in relation to the Content that You upload. If You do not agree with the terms of this DPA then do not upload Content onto the Dailymotion Service.
809The Processing of Third-Party Personal Data is governed by the Applicable Data Protection Laws, as defined below. It is explicitly confirmed that nothing in the present DPA shall be interpreted as extending the statutory scope of any of the Applicable Data Protection Laws and that the present DPA applies only to the extent necessary to ensure compliance with each of the Applicable Data Protection Laws.
184810
185Note that, in addition to the Processing of Your Third-Party Personal Data as Your Data Processor, Dailymotion processes Your other personal data during Your use of our Service, and that regardless of whether You are a Viewer, Account Applicant, User or Partner, it is understood that while Processing Your other personal data (other than the Third-Party Personal Data described above) (i) Dailymotion is not Your Data Processor, and (ii) the present DPA is not applicable to this Processing. For more information on this Processing of other personal data and on the role of Dailymotion when Processing such other personal data, please refer to our Privacy Policy.
811The present Appendix ("**DPA**") is applicable to the Processing of Third Party Personal Data included in Your Content, per which:
186812
187In the event that the Third-Party Personal Data incorporated in Your Content is that of Brazilian residents, this DPA applies, mutatis mutandis, to the Processing of said Third-Party Personal Data by Dailymotion. Therefore, in such situation where the Third-Party Personal Data contains data of Brazilian residents, then the definition of 'Applicable Data Protection Laws' includes the Brazilian General Law on Data Protection (LGPD).
813- You are the Data Controller (within the meaning of the Applicable Data Protection Law) for the Processing of such Third-Party Personal Data, and
814- Dailymotion is Your Data Processor.
188815
816Note that if you act on behalf of a third party Data Controller, you are a Data Processor and Dailymotion is Your Sub-Processor.
817
818We remind you that as a Data Controller, it is Your responsibility to Process Third Party Personal Data in conformity with the Applicable Data Protection Laws and in particular, to establish the existence of a legal basis applicable to the Processing of Third-Party Personal Data incorporated in Your Content, be it consent, legitimate interest, contract, or another legally recognized legal basis. **In the absence of such valid legal basis, making available on our Service any Content that incorporates Third-Party Personal Data constitutes an infringement of our Prohibited Content Policy** (Appendix A).
819
820In using the Dailymotion Service, You accept the DPA as binding on You, and acknowledge that it applies to the Processing of Third-Party Personal Data by Dailymotion as Your Data Processor in relation to the Content that You make available on our Service. If You do not agree with the terms of this DPA, then do not upload, post or otherwise make available Content on the Dailymotion Service.
821
822Note that, in addition to the Processing of Third-Party Personal Data as Your Data Processor, Dailymotion processes other categories of Your personal data during Your use of our Service, and that regardless of whether You are a Viewer, Account Applicant, User or Partner. While Processing Your personal data (other than the Third-Party Personal Data described above) (i) Dailymotion is not Your Data Processor but the Data Controller, and (ii) such Processing of Your personal data is not governed by this DPA but is described in our [Privacy Policy](https://legal.dailymotion.com/en/privacy-policy/).
823
189824You and Dailymotion may be individually referred to herein as "**Party**" or collectively as the "**Parties**".
190825
826###
191827**1\. Context**
192828
193You are the Data Controller of the Third-Party Personal Data that may be incorporated into Your Content. In this capacity, You retain full control over such Third-Party Personal Data. By uploading Your Content on our Service, You (acting as Data Controller) instruct Dailymotion (acting in its capacity as Data Processor) to process the Third-Party Personal Data by hosting the Content and providing to You with content management tools.
829You are the Data Controller of the Third-Party Personal Data that may be incorporated into Your Content. In this capacity, You retain full control over such Third-Party Personal Data. By uploading Your Content on our Service, and using the available Content management features, You (acting as Data Controller) instruct Dailymotion (acting in its capacity as Data Processor) to process the Third-Party Personal Data by hosting the Content and providing to You with content management and communication tools.
194830
195Dailymotion commits itself to keeping a record of all the Processing activities carried out on Your behalf, in compliance with its legal obligations. Furthermore, each of the Parties undertakes to comply with all legal obligations imposed on it pursuant to the Applicable Data Protection Law.
831If You act on behalf of a different Data Controller, You are a Data Processor and Dailymotion is a Sub-Processor. In such a case, any references to Data Controller and Data Processor in this DPA shall be updated accordingly.
196832
833###
197834**2\. Definitions**
198835
199In this DPA, capitalized terms and phrases have the meanings indicated below, which are applicable to both the singular and the plural thereof. Any other term not defined in this DPA shall have the same meaning as that attributed to it in the main body of the Terms above or else in the GDPR.
836In this DPA, capitalized terms and phrases have the meanings indicated below, which are applicable to both the singular and the plural thereof. Any other term not defined in this DPA shall have the same meaning as that attributed to it in the main body of the Terms above or else in the GDPR or in other Applicable Data Protection Laws.
200837
201"**Applicable Data Protection Laws**" means the legislation protecting the fundamental rights and freedoms of individuals, including the right to privacy with respect to the Processing of personal data. Applicable Data Protection Laws means the following laws: (i) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the Processing of personal data and on the free movement of such data, (ii) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the Processing of personal data and on the free movement of data entering into force on May 25, 2018 (the "GDPR"), (iii) any local law implementing the laws identified under (i) and (ii); (iv) Federal Data Protection Act of 19 June 1992 (Switzerland), (v) the United Kingdom's Data Protection Act of 2018 (the "UK GDPR") and (vi) any other applicable laws or regulations relating to the protection of personal data which would supplement or modify the above mentioned legislation.
838**"Applicable Data Protection Laws":** means any and all applicable privacy and data protection laws and regulations, including without limitation, where applicable, EU Data Protection Law, the California Consumer Privacy Act of 2018 (**"****CCPA**") and similar state laws in effect at any time during the Term, the Brazilian General Personal Data Protection Law ("**LGPD**"), etc., as amended, complemented or superseded from time to time.
202839
840**"EU Data Protection Law":** means the (i) EU General Data Protection Regulation (Regulation 2016/679) **("GDPR");** (ii) the EU e-Privacy Directive (Directive 2002/58/EC), as amended **("e-Privacy Law")**; (iii) the Data Protection Act 2018 ("**UK GDPR**"); (iv) the Swiss Federal Act on Data Protection ("**LPD**"), and (v) any national or European data protection laws made under, pursuant to, amending, replacing or succeeding (i), (ii), (iii) or (iv).
841
842**"Personal Data":** means any information relating to an identified or identifiable natural person (hereinafter, a "**Data Subject**"), directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, or as such term or its equivalent may be otherwise defined under the Applicable Data Protection Laws. In particular, any reference to Personal Data shall include reference to Personal Information as the latter is defined under the CCPA.
843
203844"**Processing**" means the Third-Party Personal Data processing entrusted to Dailymotion and described in Section 3 of this DPA.
204845
846"**Standard Contractual Clauses**" or "**SCC**": means:
847
8481. in relation to the Processing of Personal Data pursuant to this DPA, the standard clauses for the transfer of Personal Data to Third Countries, approved by the European Commission from time to time, the approved version of which in force at present is that set out in the Commission Implementing Decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council, available at: [https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc/standard-contractual-clauses-international-transfers\_en](https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/standard-contractual-clauses-scc/standard-contractual-clauses-international-transfers_en) (**"EU SCC").** Unless otherwise stated in the DPA, any reference to the SCC is a reference to the Standard Contractual Clauses as that term is defined by the relevant Applicable Data Protection Law in the United Kingdom and Switzerland.
8492. In relation to the Processing of Personal Data subject to the LGDP, and to the extent the standard contractual clauses referred to hereinabove are not considered as equivalent standard contractual clauses under the LGPD, the standard clauses for the transfer of Personal Data as established in the Annex II to the [Resolution CD/ANPD No. 19 of August 23, 2024](https://www.gov.br/anpd/pt-br/documentos-e-publicacoes/documentos-de-publicacoes/regulation-on-international-transfer-of-personal-data.pdf/) and available at: [https://www.gov.br/anpd/pt-br/centrais-de-conteudo/outros-documentos-e-publicacoes-institucionais/regulation-on-international-transfer-of-personal-data.pdf](https://www.gov.br/anpd/pt-br/centrais-de-conteudo/outros-documentos-e-publicacoes-institucionais/regulation-on-international-transfer-of-personal-data.pdf) ("**Brazilian SCC**").
850
205851"**Sub-Processor**" has the definition attributed to it in the GDPR, and in this case means specifically any Sub-Processor engaged by Dailymotion (or any of their Sub-Processors) who, receives from Dailymotion any Third-Party Personal Data exclusively intended for carrying out data Processing operations entrusted by You under the present DPA. Additionally, any company that is member of the group of companies to which Dailymotion belongs and which may be involved such Processing of Third-Party Personal Data shall also be considered as a Sub-Processor under this DPA.
206852
207"**Supervisory Authority**" means the independent public authority responsible for monitoring the application of Applicable Data Protection Laws in each applicable country in order to protect the fundamental rights and freedoms of natural persons with respect to data Processing and to facilitate the free flow of data within the applicable country. In France, the supervisory authority is the Commission Nationale de l'Informatique et des Libertés (CNIL).
853"**Supervisory Authority**" means the independent public authority responsible for monitoring the application of Applicable Data Protection Laws in each applicable country in order to protect the fundamental rights and freedoms of natural persons with respect to data Processing and to facilitate the free flow of data within the applicable country. In France, the competent supervisory authority is the "_Commission Nationale de l'Informatique et des Libertés_" (CNIL).
208854
209"**Third Countries**" means a country which is both: (i) outside the European Economic Area; and (ii) not the subject of a formal adequacy decision of the European Commission which recognizes that the country ensures an adequate level of protection of Third-Party Personal Data (taken in accordance with Article 25 (6) of Directive 95/46 / EC of the European Parliament and the Council of the European Union or Article 45 of Regulation (EU) 2016/679 of the European Parliament and of the Council).
855**"Third Countries**" means (a) for the purpose of application of the EU Data Protection Law: a country which: (i) is not part of the European Economic Area ("**EEA**"); and (ii) is not subject of a formal adequacy decision of the European Commission ("**EC**") taken in accordance with Art. 25 (6) of Directive 95/46/EC of the European Parliament and the Council of the European Union or Art. 45 (3) of GDPR, recognizing that the country ensures an adequate level of protection of Personal Data; and (iii) is not subject to a formal [Swiss adequacy decision](https://www.edoeb.admin.ch/edoeb/en/home/data-protection/handel-und-wirtschaft/transborder-data-flows.html), and (iv) is not subject to [UK adequacy decision](https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/international-transfers/international-transfers-a-guide/), and b) for the purpose of application of the LGPD: a country outside of Brazil and not considered as providing adequate protection.When Personal Data is transferred to the US, and during the validity of the DPF under the applicable EC adequacy decision, the term "Third Country" refers to transfers to entities that do not participate in the Data Privacy Framework ("**DPF**").
210856
857"**UK Addendum**" means the terms complementing the SCCs as adapted under the UK GDPR and available [here](https://ico.org.uk/media/for-organisations/documents/4019539/international-data-transfer-addendum.pdf).
858
859###
211860**3\. Characteristics of the Processing**
212861
213You authorize Dailymotion to proceed with the Processing of the Third-Party Personal Data necessary to provide the Processing Services (as defined below), under the conditions described below.
862You confirm and warrant that confining to us Processing of Third-Party Personal Data included in Your Content is in compliance with the Applicable Data Protection Laws, and, in particular, that You (or the Data Controller You act on behalf of) have established a valid legal basis therefor (ex. consent, contract, legitimate interest, etc.). If You use our Service as a Data Processor of a third party Data Controller, You also confirm and warrant that confining to us Processing of that Third-Party Personal Data is in compliance with the instructions You receive from the Data Controller.
214863
864You authorize and instruct Dailymotion to proceed with the Processing of the Third-Party Personal Data on Your behalf to the extent necessary to provide the Processing Services (as defined below) and pursuant to the conditions established in the DPA or as otherwise authorized under the Applicable Data Protection Laws.
865
866Dailymotion shall keep a record of all the Processing activities carried out on Your behalf, in compliance with its legal obligations.
867
868Furthermore, each Party undertakes to comply with all legal obligations imposed on it pursuant to the Applicable Data Protection Laws.
869
870####
215871**3.1. Purposes of the Processing and Description of the Processing Services**
216872
217**3.1.a. Purposes of the Processing**
873##### **3.1.a. Purposes of the Processing**
218874
219Dailymotion operates the Dailymotion Service. The Data Controller is a User of the Dailymotion Service who uploads Content onto the Dailymotion Service which incorporates Third-Party Personal Data. **In any case, Dailymotion is not collecting this Third-Party Personal Data and has no prior knowledge of the presence of any Third-Party Personal Data within Your Content.**
875As a User of the Dailymotion Service, You make Content available on the Dailymotion Service, and such Content may incorporate Third-Party Personal Data.
220876
221As such, You are the Data Controller of this Third-Party Personal Data, and You will ensure that You have a legal basis to process the Third-Party Personal Data incorporated in Your Content (ex. consent, legitimate interest, etc.). Dailymotion shall process the Third-Party Personal Data in compliance with the Applicable Data Protection Laws and for the below-mentioned purposes, according to the instructions of the Data Controller stipulated in the present DPA. Additional instructions regarding the Processing of such Third-Party Personal Data can be provided by You either by using the available technical tools and features of the Dailymotion Service or by addressing them directly to us through Dailymotion's Help Center. Note that in the event Your instructions are incompatible with the way the Dailymotion Service operates or are in violation of the Terms or any other Dailymotion policies, Dailymotion will not be obliged to comply with such instructions, but You may stop the Processing by removing such Content.
877Dailymotion processes Third-Party Personal Data in order to enable You to use the Dailymotion Service and, in particular, store and communicate Your Content using our Service features.
222878
223By uploading Your Content onto the Dailymotion Service, You will need to use the Dailymotion Service's technical features for the following purposes:
879By uploading Content onto the Dailymotion Service, You may use the Dailymotion Service's technical features for the following purposes:
224880
225- Storing Your Content on the Dailymotion Service;
226- Making Your Content available to the public according to the terms that You determine by using the functionalities available on our Service (ex. deciding to place the Content under public or private mode).
881- Storing Your Content, and consequently Third-Party Personal Data that may be incorporated within Your Content, on the Dailymotion Service;
882- Making Your Content (and any associated Third-Party Personal Data) available to the public;
883- Managing the availability to the public of the Third-Party Personal Data incorporated in Your Content, by using the content management tools available on our Service (ex. deciding to place the Content under public or private mode) and Service features (ex. content recommendation, content-categorization, etc.).
227884
228**3.1.b. Description of the Processing Services**
885Dailymotion does not collect Third-Party Personal Data nor has any prior knowledge of the presence of Third-Party Personal Data within Your Content.
229886
230In this respect, You instruct Dailymotion to operate the following services ("**Processing Services**") on Your behalf:
887##### **3.1.b. Description of the Processing Services** - Your Instructions
231888
232- Hosting of Your Content on the Dailymotion Service (this includes both the video files and associated metadata):
233 - On Dailymotion SA servers located in France, the United States and Singapore;
234 - On data hosting services (ex. cloud services) of third-party Data Sub-Processors (but only for the metadata associated with Content);
889You instruct Dailymotion to operate the following services ("**Processing Services**") on Your behalf:
890
891- Hosting of Your Content on the Dailymotion Service (this includes both the video files and associated metadata) on the servers owned by Dailymotion or provided by Dailymotion's data hosting and other service providers (ex. cloud storage providers), i.e. our Sub-Processors;
235892- Making available the Video Player for the distribution of Your Content to the public;
236- Making available technical tools allowing You to manage Your Content.
893- Making available technical tools allowing You to manage Your Content and, in particular, if you choose so, to make Your Content available to public, including through content recommendation tools.
237894
238**3.2. Duration of the Processing**
895Dailymotion shall process the Third-Party Personal Data in compliance with the Applicable Data Protection Laws, for the above-listed purposes and pursuant to the instructions of the Data Controller stipulated in the present DPA. You can provide additional instructions either by using the available technical tools and features of the Dailymotion Service or by addressing them directly to us through Dailymotion's Help Center. Note that in the event Your instructions are incompatible with the way the Dailymotion Service operates or are in violation of the Terms or any other Dailymotion policies, Dailymotion will not be obliged to comply with such instructions, but You may stop the Processing by removing Your Content or ceasing to use our Service.
239896
240The Processing of Your Third-Party Personal Data will last until Your Content is removed for any reason whatsoever from the Dailymotion Service (ex. closure of Your Account, deletion of Your Content by You, or deletion of Your Content by Dailymotion following a notification that Your Content is in violation of the present Terms). However, note that despite the removal, for technical reasons related to the Dailymotion Service the video files and/or metadata associated with Your Content may not be completely deleted from our system until up to 30 days after the removal, and in the case of metadata specifically it will be retained for longer than 30 days if such retention is required by law or necessary to establish, exercise or defend legal claims.
897#### **3.2. Duration of the Processing**
241898
899The Processing of Third-Party Personal Data is undertaken on a continuous basis and will last until Your Content is removed for any reason whatsoever from the Dailymotion Service (ex. closure of Your Account, deletion of Your Content by You, or deletion of Your Content by Dailymotion pursuant to the present Terms). Note that despite the removal (i.e. unavailability of Your Content) for technical reasons related to the Dailymotion Service the video files and/or metadata associated with Your Content may remain in our systems for up to 1 month. Longer retention periods of Your Content or of its specific elements (ex. metadata) may be applied if required or authorized under applicable laws (ex. Content removed following a moderation decision is retained or a period of 12 months) and, in particular, if necessary to establish, exercise or defend legal claims.
900
901####
242902**3.3. Categories of Data Subjects**
243903
244The Data Subjects of this Processing are those whose Third-Party Personal Data is incorporated into Your Content.
904The Data Subjects of this Processing are individuals whose Third-Party Personal Data is incorporated into Your Content.
245905
906####
246907**3.4. Categories of Third-Party Personal Data**
247908
248The categories of Third-Party Personal Data processed depend on what Your Content (including associated metadata) contains. This may include any data that identifies or allows the identification of the Data Subjects such as their image (still or animated), voice, name, or any other personal information about them.
909The categories of Third-Party Personal Data processed depend on what Your Content (including associated metadata) contains. They may include any data that You decide to include in Your Content and which identifies or allows the identification of the Data Subjects such as their image (still or animated), voice, name, or any other personal information. You agree not to include so-called special categories of Personal Data in Your Content.
249910
911###
250912**4\. Security and Confidentiality of Third-Party Personal Data**
251913
252Dailymotion has in place and shall maintain adequate physical and organizational measures necessary to preserve the security of the Third-Party Personal Data integrated within the Content (ex. aimed at preventing destruction, loss, distortion, damage or unauthorized access to such Third-Party Personal Data). These measures are adapted to the level of the risk presented by the Processing. Nevertheless, we remind You that the Dailymotion Service is not a storage service and that You should take all necessary precautionary measures for the backup and preservation of Your video files. Dailymotion does not assume any liability for the loss of the said files in accordance with Section 5 and 6 of the Terms.
914Dailymotion has implemented and shall maintain adequate physical and organizational measures necessary to preserve the security of the Third-Party Personal Data integrated within Your Content (ex. aimed at preventing unintended destruction, loss, distortion, damage or unauthorized access to such Third-Party Personal Data). These measures are adapted to the level of the risk presented by the Processing. Nevertheless, we remind You that the Dailymotion Service is not a storage service and that You should take all necessary precautions to backup and preserve Your Content. Dailymotion does not assume any liability for the loss of the said files.
253915
254Nonetheless, Dailymotion undertakes to implement the following **organizational measures** and to make its staff and its Sub-Processors respect them:
916Dailymotion undertakes to implement the following **organizational measures** and ensures their respect by its staff and its Sub-Processors :
255917
256918- ensure that the persons authorized to process Third-Party Personal Data or otherwise involved in the delivery of the Services are aware of, trained and organized to provide sufficient guarantees of security and confidentiality with respect to Third-Party Personal Data; and
257- implement access and authorization management rules such as the following:
919- implement access and authorization management rules such as:
258920 - centralized management of access rights,
259921 - gradation of access and use rights,
260922 - periodic reviews.
261923- take all reasonable steps to prevent the misappropriated or fraudulent use of processed Third-Party Personal Data.
262924
263In addition, the main **technical measures** currently implemented by Dailymotion (some of which are specifically applicable for the protection of Third-Party Personal Data) are as follows:
925In addition, the main **technical measures** currently implemented by Dailymotion are as follows:
264926
265927- network segmentation and filtering between zones,
266928- multi-factor authentication,
267929- event log, collection and centralization of logs,
268930- anti-virus,
269931- management of security patches,
273935- bug-bounty program,
274936- application of anonymization and pseudonymization techniques (ex. tokenization, aggregation, hashing, etc.),
275937- periodic re-certification of accounts (periodic review of access rights),
276938- peer-to-peer code review (development methodology),
277939- periodic security audits (architecture, configuration, code, intrusion tests, etc.).
278940
279In the event of a Third-Party Personal Data Breach (as defined in the GDPR) of which Dailymotion is aware, Dailymotion commits itself to notify You of this Third-Party Personal Data Breach as soon as possible either at the email address associated with Your User Account (or any other email address communicated to Dailymotion by You for this purpose) or through any other appropriate means (ex. banner notification visible from Your User Account). Dailymotion commits to cooperating with You should You choose to notify the Supervisory Authority or an affected Data Subject of the Third-Party Personal Data Breach.
941In the event of a Third-Party Personal Data Breach (as defined in the GDPR) of which Dailymotion is aware, Dailymotion commits itself to notify You of this Third-Party Personal Data Breach as soon as possible either at the email address associated with Your Dailymotion Account (or any other email address communicated to Dailymotion by You for this purpose) or through any other appropriate means (ex. banner notification visible from Your Dailymotion Account). Dailymotion will cooperate with You, should You choose to notify the Supervisory Authority or an affected Data Subjects of the Third-Party Personal Data Breach. Please note that the competent Supervisory Authority under this DPA is the CNIL.
280942
281Furthermore, Dailymotion undertakes to provide You with all reasonable assistance in order to help You in respecting Your obligations regarding the security of the Third-Party Personal Data provided for by the Applicable Data Protection Law. You understand and agree that the reasonable costs of such assistance from Dailymotion, if any, will be at Your expense.
943Furthermore, Dailymotion undertakes to provide You with all reasonable assistance in order to help You in respecting Your obligations regarding the security of the Third-Party Personal Data. You understand and agree that the reasonable costs of our assistance, if any, will be at Your expense.
282944
945###
283946**5\. Sub-Processors**
284947
285**5.1. General Information**
948#### **5.1. General Information**
286949
287You authorize Dailymotion to use the services of any Sub-Processor listed in Section 5.2. below. Dailymotion commits itself to communicate any information related to a new Sub-Processor by updating the present Terms or by other reasonable means of communication (ex. making such list available elsewhere on the Dailymotion website). Dailymotion guarantees that the contracts with its Sub-Processors contain commitments at least as strict as those provided for in this DPA. If You object to a Sub-Processor, You can, at any time, terminate the Processing by deleting Your Content from our Service.
950You authorize Dailymotion to use the services of any Sub-Processor listed in Section 5.2. below. Dailymotion is committed to communicate any information related to a new Sub-Processor by updating these Terms or by other reasonable means of communication (ex. making such list available on the Dailymotion website). Dailymotion's contracts with its Sub-Processors shall contain commitments at least as strict as those provided for in this DPA. If You object to a Sub-Processor, You can, at any time, terminate the Processing by deleting Your Content from our Service and/or ceasing the use of our Service. Continuous ongoing use of our Service indicates your acceptance of a new Sub-Processor.
288951
289**5.2. The Sub-Processors**
952####
953**5.2. List of Current Sub-Processors**
290954
291Note that Dailymotion stores data, including Third-Party Personal Data that may be integrated within Your Content, on its servers located in Europe, USA and Singapore.
955As any other company, in order to provide You our Service, Dailymotion outsources some of its activities to third-party service providers. As a result, the Third-Party Personal Data may be processed by our services providers acting in their capacity of Your Sub-Processors.
292956
293As any other company, in order to provide You our Service, Dailymotion outsources some of its activities to third-party service providers. As a result, we also store some of that data using the services of third-party cloud storage providers that may be located outside of the EEA.
957A list of Dailymotion's Sub-Processors is accessible [here](https://legal.dailymotion.com/en/list-of-dailymotion-data-processors/).
294958
295The following companies are currently engaged by us as Your Sub-Processors:
959### **6\. Data Subjects Rights**
296960
297| Sub-Processors | The services provided by Sub-Processors |
298| --- | --- |
299| One or more of our Affiliates other than the Dailymotion entity You contract with and that is Your Data Processor:
300**Dailymotion SA**; 140 boulevard Malesherbes; 75017 Paris; France
301(data protection contact details: [DPO](mailto:dpo@dailymotion.com))
961As a Data Controller, it is Your responsibility to inform Data Subjects about the details of the Processing operations and to respond to their requests relating to the exercise of privacy rights (such as: right to information, access, rectification, erasure, restriction of processing, objection and portability) they benefit from under the Applicable Data Protection Laws ("**Data Subject Request**").
302962
303**Dailymotion Inc**, 50 W 23rd Street, New York, NY 10010; USA (data protection contact details: [Customer Service](mailto:feedback@dailymotion.com))
963In this regard:
304964
305**Dailymotion Asia Pacific Pte Ltd**, 137 Amoy Street; Singapore 049965 (data protection contact details: [Customer Service](mailto:feedback@dailymotion.com))
965- Dailymotion shall:
306966
307**Dailymotion Advertising SAS**; 140 boulevard Malesherbes; 75017 Paris; France (data protection contact details: [DPO](mailto:dpo@dailymotion.com))
967- Communicate to You, as soon as possible, any Data Subject Request received by us (except where such communication is prohibited by the competent authorities); and
308968
309 | To help Us provide You with the Dailymotion Service |
310| **Google Ireland Limited**, Gordon House; Barrow Street; Dublin 4; Ireland) (data protection contact details: [https://support.google.com/policies/contact/general\_privacy\_form](https://support.google.com/policies/contact/general_privacy_form))
969- Assist You, by all appropriate and reasonable measures, in fulfilling Your obligation to comply with the Data Subject Requests. Note that Dailymotion reserves the right to charge You for all reasonable costs and expenses related to assisting You with such requests.
311970
312**Amazon Web Services EMEA SARL "AWS"**, 38 Avenue John F. Kennedy, L-1855, Luxembourg (data protection contact details: Amazon Web Services EMEA SARL "AWS", 38 Avenue John F. Kennedy, L-1855, Luxembourg ATTN: AWS EMEA Legal)
971- You hereby instruct Dailymotion, acing on Your behalf, to:
313972
314**MongoDB Ltd. (Atlas)**, 3rd Floor, 3 Shelbourne; Buildings, Nallsbridge; Dublin 4; Ireland; Atlas (data protection contact details: [privacy@mongodb.com](mailto:privacy@mongodb.com))
973- Receive Data Subject Requests;
315974
316 |
975- Proceed with the verification of whether a received request is a valid Data Subject Request under the Applicable Data Protection Laws, and in particular:
317976
318In order to host data related to Your Content present on the Service
977- proceed with the reasonable verification of requestors' identity; including, when necessary, through the verification of their IDs;
319978
320 |
979- request from Data Subjects any addition information or documents reasonably necessary for that verification;
321980
322**6\. Data Subjects Rights**
981- Not to reply to Data Subject Requests on Your behalf other than by informing Data Subjects about the applicable procedures and, in particular, You being the Data Controller responsible for answering Data Subject Requests and Dailymotion being Your Data Processor whose role is limited to that of an intermediary between a requestor (i.e. a Data Subject) and You (i.e. the Data Controller);
323982
324As a Data Controller, it is Your responsibility to respond to the requests of the Data Subjects relating to the exercise of their privacy rights under applicable law and to inform the Data Subjects about the details of the Processing operations and that, at the latest at the time of collection of the Third-Party Personal Data or prior to any further Processing of the Third-Party Personal Data.
983- Transfer Your replies to Data Subjects and receive their communication addressed to You and that, in particular, when Data Subjects do not wish to provide their contact details to You.
325984
326In this regard, Dailymotion shall:
985- You shall:
327986
328- Communicate to You, as soon as possible, any request for deletion, correction, communication, access to the Third-Party Personal Data or limitation of the Processing of the Third-Party Personal Data, except where this communication is prohibited by the applicable authorities; and
329- Assist You, by all appropriate and reasonable measures, in fulfilling Your obligation to comply with the requests of Data Subjects. Note that Dailymotion reserves the right to charge You for all reasonable costs and expenses related to assisting You with such requests.
987- respond to Data Subject Requests within the timeframes set forth in the Applicable Data Protection Laws;
330988
331Further, in this regard, You agree:
989- notify Dailymotion of Your response to each Data Subject Request including, if applicable, when You invoke an extension of the time to respond;
332990
333- That Dailymotion will communicate with You on the email address associated with Your User Account and/or another email address that has been designated by You to Dailymotion's DPO;
334- That Dailymotion may share this email address and/or any other contact information provided within Your account (ex. the postal address) with the Data Subjects as the contact address of the Data Controller. Should You wish to designate any contact information different from what is in Your User Account, You should do so by contacting Dailymotion's DPO;
335- That You shall respond to requests from Data Subjects within the timeframes set forth in the Applicable Data Protection Law;
336- That You shall notify Dailymotion -- by replying to the notification sent by Dailymotion as described in this Section - of Your response to each of the Data Subjects requests including, if applicable, whether You invoked an extension of the time to respond. In the absence of such a notification from You within the timelines prescribed by law, then You authorize Dailymotion to proceed with the removal of Your Content from the Dailymotion Service. However, in the event that the Data Subjects claims that Your Content contains sensitive and/or special Third-Party Personal Data (as defined under Applicable Laws) or the Third-Party Personal Data of a minor, You authorize Dailymotion to proceed to the immediate removal of access to the Content without waiting for Your response (though removal may be reversed depending on Your response). Note that this process is separate and in addition to any other content removal process described under the Terms (ex. removal of Your Content because it violates copyright law).
991- not use any information transmitted by Dailymotion for purposes other than replying to Data Subject Requests and for a period longer than justified by that purpose or otherwise authorized by Applicable Data Protection Laws. In particular, if applicable, You shall proceed with destruction of any copies of communicated Data Subjects' IDs upon completion of the verification of Data Subjects' identity.
337992
338**7\. Your Representations and Warranties**
993- You agree that:
339994
995- Dailymotion will communicate with You using the email address associated with Your Dailymotion Account and/or any other email address communicated therefor to the Dailymotion's DPO;
996
997- Dailymotion may share Your email address and/or any other contact information provided within Your Account (ex. the postal address) or otherwise accessible to us (ex. the url of Your website) with the Data Subjects as a Data Controller's contact address. Should You wish to designate any contact information different from what is recorded in Your Dailymotion Account, You should do so by contacting the Dailymotion's DPO;
998
999- Dailymotion will proceed, on Your behalf, with the reasonable verification of Data Subjects' identity, including, when necessary, through verification of Data Subjects' IDs;
1000
1001- You will not challenge the results of Data Subject identity verification undertaken by Dailymotion and, in particular, You will not ask for copies of Data Subjects' IDs, unless needed for a valid and documented reason complying with the data minimization and data security principles;
1002
1003- Data Subjects may refuse to communicate their direct contact details to You, in which case You agree to us acting as an intermediary for the purpose of Your communication with Data Subjects.
1004
1005In the absence of a timely notification from You informing us about your reply to Data Subject Request, You authorize Dailymotion to proceed with the removal of Your Content from the Dailymotion Service.
1006
1007In the event that a Data Subject claims that Your Content contains sensitive and/or special Third-Party Personal Data (as defined under the Applicable Data Protection Laws) or that of a minor, You authorize Dailymotion to immediately disable access to Your Content pending Your response to the Data Subject Request.
1008
1009Note that process applicable to Data Subjects Requests is separate and in addition to any other content removal process described under the Terms (ex. removal of Your Content because it violates copyright law).
1010
1011### **7\. Your Representations and Warranties**
1012
3401013You represent and warrant to Dailymotion that:
3411014
342- You have obtained and will maintain for the duration of Your use of the Dailymotion Service all rights and authorizations necessary to allow us to provide You with the Dailymotion Services;
343- All instructions You transmit to Dailymotion regarding the Processing of Third-Party Personal Data, as described under Section 3.1.a. are not in violation with the Applicable Data Protection Laws and, if You act in capacity of a Data Processor for another Data Controller, are compatible with any instructions You have received from such Data Controller. In particular, You shall ensure that You have been authorized to designate us as a Data Sub-Processor;
344- the Third-Party Personal Data has been collected in compliance with the Applicable Data Protection Law;
345- You have obtained the consent of the Data Subjects or have established an alternative legal basis for the collection of said Third-Party Personal Data and You undertake to produce evidence of such consent or legal basis upon a request from Dailymotion, the Data Subjects and/or competent authorities.
1015- You have obtained and will maintain for the duration of Your use of the Dailymotion Service all rights and authorizations necessary to allow us to provide You with the Processing Services including, when applicable, Data Subjects' consent;
1016- all instructions You transmit to Dailymotion regarding the Processing of Third-Party Personal Data, as described in the present DPA and, in particular, in its Section 3.1. are in conformity with the Applicable Data Protection Laws and, if You act in capacity of a Data Processor for another Data Controller, are compatible with any instructions You have received from such Data Controller. In particular, You warrant that You have been authorized to designate us as a Data Sub-Processor;
1017- the Third-Party Personal Data has been collected and is processed in compliance with the Applicable Data Protection Law;
1018- You have obtained the consent of the Data Subjects or have established an alternative legal basis for the collection and Processing of the said Third-Party Personal Data and You undertake to produce evidence of such consent or legal basis upon a request from Dailymotion, the Data Subjects and/or competent authorities.
3461019
347**8\. Audit Requests**
1020To that end, You undertake to defend and indemnify Dailymotion against any and all claims, costs, fines, reasonable attorney fees, or other expenses incurred in relation to the availability on our Service of Your Content integrating Third-Party Personal Data.
3481021
349As a Data Controller, You have a right to audit the Processing activities undertaken by Dailymotion as a Data Processor within the limitations set forth in this Section.
1022### **8\. Audits and Public Authorities Requests**
3501023
351If You reasonably believe that Dailymotion does not respect one of its specific obligations as Your Data Processor, You may request an audit by submitting a description of this specific suspected failure and audit request to Dailymotion, using the contact details listed in Section 10 of this DPA. As part of the audit, Dailymotion undertakes to provide You with the information in its possession and strictly necessary to demonstrate the respect of Dailymotion's obligations as Your Data Processor as defined under this DPA and the Applicable Data Protection Laws subject to the respect of Third-Parties' rights and the security requirements of Dailymotion's computer systems.
1024#### 8.1 Audit Requests
3521025
353For sake of clarity, You shall not be entitled to receive any information outside of this limited scope in relation to this audit right. You may request such audit not more often than once per thirty-six (36) month period and under the condition that You inform Dailymotion at the latest sixty (60) working days before its planned starting date. Such audit must be performed by an external third-party auditor at Your expense at Dailymotion's headquarters and during normal business hours and must be limited to two business days (unless the circumstances do not reasonably allow it to be completed within such time). The auditor must be subject to strict contractual obligations of confidentiality, and the results of such audit must also be treated as confidential information and must be shared with Dailymotion. Dailymotion may object in writing to an auditor appointed by You to conduct any audit if the auditor is, in Dailymotion's reasonable opinion, not suitably qualified or independent, a competitor of Dailymotion, or otherwise manifestly unsuitable. Any such objection by Dailymotion will require You to appoint another auditor.
1026To the extent the Processing is subject to the EU Data Protection Law, as a Data Controller, You have a right to audit the Processing activities undertaken by Dailymotion as Your Data Processor within the limitations set forth in this Section.
3541027
355If the audit reveals a non-respect of Dailymotion's obligations, Dailymotion will take reasonable measures to remedy it. Furthermore, if You are not satisfied with the result of such audit, You may always exercise Your right to at any time, stop or suspend the use of the Dailymotion Service.
1028If You reasonably believe that Dailymotion does not respect one of its specific obligations as Your Data Processor, please contact us [here](mailto:feedback@dailymotion.com). If You have a good faith belief that Dailymotion repeatedly and materially violates the said obligations, You may request an audit by submitting a description of this specific alleged failure, a description of how it repeatedly and materially violates Dailymotion Data Processor's obligations and submit it to Us using the contact details available [here](mailto:feedback@dailymotion.com). As part of the audit, Dailymotion undertakes to provide You with the information in its possession which are strictly necessary to demonstrate the respect of Dailymotion's obligations as Your Data Processor under this DPA, subject to the respect of Third-Parties' rights and the security requirements of Dailymotion's IT systems. Dailymotion reserves the right to request a written confidential commitment before communicating to You any information necessary for the audit. You shall be fully responsible for confidentiality of any information rendered accessible during the audit and of the results of such audit.
3561029
357Furthermore, You agree that if during the twenty-four (24) months preceding Your audit request, the subject of Your audit request has already been subject to another audit initiated by Dailymotion or by a third-party, the sharing of such audit's results with You will satisfy Dailymotion's audit obligation to You as described in the present Section.
1030For sake of clarity, You shall not be entitled to receive any information outside of this limited scope of the requested audit. You may request such audit not more often than once per thirty-six (36) months' period and under the condition that You inform Dailymotion at the latest sixty (60) working days before its planned starting date. Such audit must be performed by an external, qualified and independent third-party auditor at Your expense at Dailymotion's headquarters and during normal business hours and must be limited to two business days (unless documented circumstances outside of Your or Your auditor's control do not reasonably allow it to be completed within such time). Prior to each audit, all parties involved will sign a memorandum of understanding to define the conditions agreed by both Parties and under which the audit is to be carried out (including but not limited, date, confidentiality rules, intervention times, the exact scope of the audited elements of Dailymotion's system, etc.). You shall be fully responsible for compliance with thus established audit's scope and warrant that no audit operation shall exceed the said scope. Parties agree that, in the event of an emergency making it impossible to carry out the audit, a new date shall be discussed and agreed on by the Parties.
3581031
359**9\. Third-Party Personal Data Transfers outside the European Union**
1032The auditor must be subject to strict contractual obligations of confidentiality, and the results of such audit must also be treated as confidential information and must be shared with Dailymotion. Depending on the complexity and technical nature of the audit, Dailymotion may require the auditor to be accompanied by a cybersecurity expert, if the latter does not qualify as one. For the sake of clarity, the auditor will not be authorized to connect directly to Dailymotion's information system and any technical act on Dailymotion's information systems must be carried out by one of its employees, who will provide the auditor with the resulting information. Dailymotion may object in writing to an auditor appointed by You if the auditor is, in Dailymotion's reasonable opinion, not sufficiently qualified or independent, a competitor of Dailymotion, or otherwise manifestly unsuitable. Any such objection by Dailymotion will require You to appoint another auditor. You remain at all time responsible for the auditor. To that end, You shall be fully liable for any direct and indirect damage, including lost profit or data, caused thereby or in relation there to.
3601033
361If, during the provision of the Services, You are established in a Member State of the European Economic Area, Switzerland or the United Kingdom, the Third-Party Personal Data incorporated into Your Content are transferred to a Third Country as necessary to provide the Processing Services. Therefore, according to the Applicable Data Protection Law, the [Standard Contractual Clauses](https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/) are applicable to this transfer of Third-Party Personal Data by You (data exporter) to Dailymotion (data importer). It is agreed by the Parties that: (i) the description of the Processing as required under **Appendix 1** of the [Standard Contractual Clauses](https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/) is provided under Section 3 of the present DPA and (ii) the description of the technical and organizational security measures as required under **Appendix 2** of the [Standard Contractual Clauses](https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/) are provided under Section 4 of the present DPA. By accepting the Terms You accept the Standard Contractual Clauses and their appendices.
1034You shall ensure that the audit does not interfere with the performance of the Dailymotion Service and/or Dailymotion's obligations. You shall be responsible for any and all fees or costs in relation to the audit and bear any internal or external costs thereof, including through advance or reimbursement payment to Dailymotion.
3621035
363In the event that Dailymotion either directly or indirectly transfers Third-Party Personal Data to a Third Country through a third-party Sub-Processor (instead of Processing such Third-Party Personal Data itself), Dailymotion will ensure that such transfer is done only in the presence of legally adequate safeguards. For example, by integrating the Standard Contractual Clauses within such Sub-Processor's contract and/or by obtaining a commitment from such Sub-Processor to enter into Standard Contractual Clauses with its own Sub-Processors (if any).
1036Once the audit has been fully conducted, a copy of the entire audit report shall be provided to Dailymotion, free of charge. If the audit reveals a material non-respect of Dailymotion's obligations, Dailymotion will take reasonable measures to remedy it or cease the Processing of Your Content. If You are not satisfied with the result of such audit, You may exercise Your right to stop or suspend the use of the Dailymotion Service.
3641037
365**10\. DPO - Contact details**
1038Furthermore, You agree that if during the twenty-four (24) months preceding Your audit request, the matter of Your request has already been subject to another audit initiated by Dailymotion or by a third-party, the sharing of such audit's results with You will satisfy Dailymotion's audit obligation under the present Section.
3661039
367- **Dailymotion's Contact Info:** Contact email [here](mailto:feedback@dailymotion.com).
368- **Your Contact Info:** the email address associated with Your User Account, or, if applicable, the email address communicated in compliance with Section 6 of this DPA.
1040#### 8.2 Public Authorities Requests
1041
1042In its role as a Data Processor, Dailymotion shall maintain appropriate measures to protect Third-Party Personal Data in accordance with the requirements of applicable data protection Laws and regulations, including by implementing appropriate technical and organizational safeguards to protect Third-Party Personal Data against any interference that goes beyond what is necessary in a democratic society to safeguard national security, defense and public security.
1043
1044If Dailymotion receives a legally binding request to provide Third-Party Personal Data to a Public Authority, Dailymotion shall, unless otherwise legally prohibited, promptly notify You and provide You with a summary of the nature of the request. Dailymotion may challenge the request if, after careful assessment, it concludes that there are reasonable grounds to consider that the request is unlawful and may pursue possibilities of appeal and/or seek interim measures with a view to suspending the effects of the request until the competent judicial authority had decided on its merits. It shall not disclose the Third-Party Personal Data requested until required to do so under the applicable procedural rules. Dailymotion agrees it will provide the minimum amount of information permissible when responding to a request for disclosure, based on a reasonable interpretation of the request. For the avoidance of doubt, this DPA shall not require Dailymotion to pursue action or inaction that could result in civil or criminal penalty for Dailymotion such as contempt of court.
1045
1046###
1047**9\. Transfers of **Third-Party Personal Data****
1048
1049#### 9.1. Description of Transfers of Third-Party Personal Data
1050
1051- **Operation of the Dailymotion Servic**e:
1052
1053Dailymotion Service is operated by companies belonging to the Dailymotion group, some of which are located outside the EEA. When your Content includes Third-Party Personal Data, non-EEA Dailymotion entities may process such Personal Data outside the EEA, namely in the USA, Singapore or other territories they operate from. In particular, if Your video containing Third Party Personal data is available in the USA, it is Dailymotion Inc's USA-based content moderation team that will analyze it if it receives a notification of it allegedly infringing character.
1054
1055Note that Dailymotion Inc. participates in the Data Privacy Framework. Any transfer of Third-Party Personal Data to Dailymotion Inc. relies on that DPF participation. In the event of either, Dailymotion's Inc. discontinuing its DPF participation or invalidation of the DPF, any such transfer shall rely on the SCC, as further detailed hereinbelow.
1056
1057- **Storage and Content Delivery**:
1058
1059 - **Comments**: o depending on the territory you access the Dailymotion Service from, You may have a possibility to comment Content available on our Service. In addition to them being stored in the EEA Your Comments may be stored in the USA on servers used by our service provider assisting us in operating the comment feature. Consequently, if your Comments contain Third-Party Personal Data, that data is transferred to the USA.
1060
1061 - **Other Content**: o Dailymotion stores Content (other than Comments) in the EEA either directly (on servers owned by Dailymotion) or through intermediary of its services providers (cloud-storage service providers). If You decide to render Your video Content available outside of the EEA, for technical reasons inherent to video-delivery technology, a temporary cache copies of extracts of Your video Content may also be stored outside of the EEA. A cache copy is created on servers close to a viewer. Its creation is inherent to video-delivery technology and serves to reduce the latency, i.e. enables a viewer to see a video faster by shortening the time between the request to see a video and the appearance of that video on the viewer's screen. When Your Content includes Third-Party Personal Data, creation of cache copies of extracts of Your Content on non-EEA servers may result in a transfer of such Personal Data outside the EEA (if the actual copies of extracts contain Third-Party Personal Data).
1062- **Service Features**: Dailymotion Service enables various Content related features, ex. statistics, customer support, content search or recommendation. The data thus processed is stored on servers owned by Dailymotion and by our services providers (ex. cloud-storage service providers) listed in clause 5.2. above, and is analyzed using Dailymotion's and our service providers' tools. When Your Content includes Third-Party Personal Data, use of Content related features may result in transfer of such Personal Data outside the EEA. For example, if the title of Your Video that You rendered available in the USA includes somebody's else name, the content search tool using USA-based resources will process that Personal Data.
1063
1064#### 9.2. Legal Tools Applicable to the Transfer of Third-Party Personal Data
1065
1066##### 9.2.1. Transfer of Third-Party Personal Data from You to Dailymotion
1067
1068To the extent our provision of the Processing Services to You results in the transfer of the Third-Party Personal Data incorporated in Your Content from the European Economic Area, United Kingdom, Switzerland or Brazil to a Third Country, the 2021 SCC, as complemented below, shall be applicable to such transfer.
1069
1070It is agreed by the Parties that the SCC are complemented as follows:
1071
1072- The data exporter: You
1073
1074 - Data exporter identity: as indicated within Your Dailymotion Account
1075
1076 - Data exporter role: Controller or Processor (if acting on behalf of a third party Controller)
1077- The data importer:
1078
1079 - The Dailymotion entity You contract with, namely:
1080
1081 - If You are established in the European Economic Area, United Kingdom or Switzerland: Dailymotion SA, 50, rue Camille Desmoulins 92130 Issy-les-Moulineaux France, contact details: [dpo@dailymotion.com](mailto:dpo@dailymotion.com), or
1082
1083 - If You are established in any other territory: Dailymotion Inc., 150 W 22nd Street, Floor 12, New York, NY 10011, USA, contact details: [legal@dailymotion.com](mailto:legal@dailymotion.com);
1084
1085 - For the purpose of the UK GDPR, the local representative of Dailymotion is : The DPO Centre Ltd, 50 Liverpool street, London, EC2M 7PY, UK, +44 (0) 203 797 6340, [advice@dpocentre.com](mailto:advice@dpocentre.com).
1086
1087 - Data importer role: Processor or Sub-Processor if data exporter is a Processor.
1088
1089For transfers from the EEA:
1090
1091- Module Two applies where You (data exporter) are a Controller and Dailymotion (data importer) is a Processor,
1092- Module Three applies where You (data exporter) are a Processor of a third-party Data Controller and Dailymotion (data importer) is a Processor;
1093- Module Four applies where You (data exporter) are a Controller residing outside the EEA and Dailymotion (data importer) is a Processor residing in the EEA,
1094- in Clause 7, the optional docking clause does not apply;
1095
1096- in Clause 9(a) of Module Three, option 2 applies, and the time period for prior notice of Sub-processor changes is 14 days;
1097- in Clause 11(a), the optional language does not apply;
1098- in Clause 17, Option 1 applies with the governing law being that of France;
1099- in Clause 18(b), disputes will be resolved before the courts in Paris, France;
1100- Annex I of the EU SCCs and parties activities are completed with the information in Section 3 of the DPA;
1101- Annex II of the EU SCCs is completed with the information in Section 4 of the DPA; and
1102- Annex III of the EU SCCs is completed with the information in Section 5.2 of the DPA.
1103- For transfers from **Switzerland**: where a transfer to a Third Country is made from Switzerland, the SCCs incorporated into this DPA, as modified in Section 9, apply to the transfer except that:
1104- in Clause 13, the competent Supervisory Authority is the Swiss Federal Data Protection and Information Commissioner if the transfer is governed by the Swiss Federal Act on Data Protection; and
1105- references to "Member State" in the SCCs refer to Switzerland, and data subjects located in Switzerland may exercise and enforce their rights under the SCCs in Switzerland; and
1106- references to the "General Data Protection Regulation", "Regulation 2016/679" and "GDPR" in the SCCs refer to the Swiss Federal Act on Data Protection (as amended or replaced).
1107
1108For transfers from the UK: where a transfer to a Third Country is made from the UK, the UK Addendum is incorporated into this DPA and applies to the transfer as follows: the UK Addendum is completed with the information in Sections 3, 4 and 5.2 of this DPA; and both "Importer" and "Exporter" are selected in Table 4.
1109
1110For transfers from Brazil: where a transfer to a Third Country is made from Brazil, the Brazilian SCC is incorporated into this DPA and applies to the transfer as follows:
1111
1112- Identification of the Parties: as detailed hereinabove with Dailymotion being Importer and You being Exporter.
1113- Object: as detailed hereinabove in section 9.1 of the present DPA.
1114- Onward transfers: Option B is chosen. The Importer may carry out Onward Transfers of the Personal Data subject to the International Data Transfer governed by these Clauses under the conditions described below and provided that the provisions of Clause 18 are observed.
1115- Security measures: as detailed in section 4 of the present DPA.
1116- Responsibilities of the Parties: Option A is chosen, with Exporter being a Designated Party under 4.1 (a), 4.1.(b) and 4.1.(c).
1117
1118The acceptance of the Terms constitutes mutual acceptance and signature of the SCC, incorporated in the present DPA, and their annexes.
1119
1120##### 9.2.2. Transfer of Third-Party Personal Data from Dailymotion to Sub-Processors
1121
1122In the event that Dailymotion transfers Third-Party Personal Data to a Third Country through a third-party Sub-Processor, Dailymotion will ensure that such transfer takes place only in the presence of legally adequate safeguards such as, for example, integration of the 2021 SCC within contracts concluded with such Sub-Processors, obtaining a commitment from such Sub-Processors to enter into 2021 SCC with their own Sub-Processors (if any).
1123
1124When the Personal Data is transferred from the EEA, the UK or Switzerland to an US data importer participating in the "Data Privacy Framework" (or any replacement thereof.) such transfer relies on that data importer's participation in the DPF.
1125
1126##### 9.2.3. Transfer Assessment
1127
1128As of the last update of the Terms, Dailymotion has conducted an assessment of the applicable laws and regulations or practices of the Third Countries of destination where the Processing of Third-Party Personal Data may occur.
1129
1130Dailymotion is designed as a video-sharing platform, meaning that the videos which may contain Third Party Personal Data are public by default, and therefore accessible to anyone.
1131
1132Taking into account the categories of Third-Party Personal Data and the purposes Dailymotion process that Data on Your behalf, Dailymotion has no reason to believe that the laws and practices in any Third Country of destination applicable to the Processing of Third Party Personal Data, including any requirements to disclose Third Party Personal Data or measures authorizing access by a Public Authority (e.g. a government agency, or law enforcement authority, including judicial authorities), prevent Dailymotion from fulfilling its obligations under this DPA. However, if Dailymotion reasonably believes that any existing or future enacted or enforceable laws and practices in a Third Country of destination applicable to the Processing prevent it from fulfilling its obligations under this DPA and may represent a threat to Third Party Personal Data's security and integrity, it shall promptly notify its Users, including You, and it will use reasonable efforts to make available to the affected Users a change in the Services. If Dailymotion is unable to make available such change, You may remove Your Content at any time from the Dailymotion Service.
1133
1134As such, Dailymotion has determined that the risks of infringing such Third-Party's privacy associated to such transfer to a Third Country is limited and consequently, that the existing measures in place shall be sufficient to ensure the efficiency of the protection of the rights of the data subjects whose Third Party Personal Data is related to.
1135
1136### 10\. **Further Processing of Third Party Personal Data by Dailymotion**
1137
1138As part of the operation of the Dailymotion Service, Dailymotion analyses and further processes data related to the Service features and content hosted thereon. To the extent thus analyzed data is Your Content that comprises Third Party Personal Data, such use of data may constitute Processing of Third Party Personal Data by Dailymotion.
1139
1140Dailymotion may further Process Third Party Personal Data present in Your Content, as Controller, for purposes that are compatible with the initial processing purposes, namely:
1141
1142- Operation of the Service, including through revenue-generating operations;
1143
1144- Analysis of the Service; including for generating insight for further content recommendations or contextual ad targeting;
1145
1146- Improvement of the Services;
1147
1148- Market studies;
1149
1150- Fraud detection, Service misuse detection, Service security and legal compliance;
1151
1152- Research and development, including fostering AI development.
1153
1154Depending on the context of particular processing operations Third Party Personal Data may be disclosed to third parties (be it our Commercial Partners or [Service Providers](https://legal.dailymotion.com/en/list-of-dailymotion-data-processors/)) and various methods and technologies may be used for the Processing, including pseudonymization, anonymization, cleansing, structuration and annotation.
1155
1156You explicitly acknowledge and agree the initial purposes of the Processing of Third Party Personal Data are not incompatible with the Dailymotion's Processing purposes listed hereinabove and that Third Parties have been informed of processing undertaken by Dailymotion unless such information proves impossible or would involve a disproportionate effort.
1157
1158Any processing by Dailymotion as a Controller shall be subject to our [Privacy Policy](https://legal.dailymotion.com/en/privacy-policy/).
1159
1160###
1161**11\. DPO - Identity and Contact Details**
1162
1163- **Dailymotion's Contact Information:** Contact email [here](mailto:feedback@dailymotion.com).
1164- **Your Identity Contact Information:** the email address associated with Your Dailymotion Account, or, if applicable, the email address communicated in compliance with Section 6 of this DPA.